Simon de Bruxelles
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A self-employed painter and decorator has been given a £30 on-the-spot fine for smoking in his own van because it is classified as a workplace.
Gordon Williams, 58, went out to buy some teabags for his wife when he was stopped as part of a roadside check by council officials.
Moments earlier he had lit a cigarette and was issued the penalty notice under anti-smoking legislation that bans it in the workplace. Mr Williams, a grandfather, is planning to appeal against the fine even though his wife has already paid it.
Although he uses the unmarked van to transport his paint and ladders he says it is not a workplace and he uses it only to travel to and from jobs.
Mr Williams said: “I was on my way to a shop to buy some teabags when the council official pulled me over. I was told that because my van is my place of work I had broken the smoking laws.
“I am dumbfounded. The van is only insured for private use and to get me to and from work. It is not my place of work. I decorate houses, not vans. I don’t use it for work so I can’t see how they can do me for smoking in the workplace.”
The decorator, from Llanafan, near Aberystwyth, Mid Wales, supports the ant-ismoking laws and says he would never light up near a non-smoker.
He said: “I respect anyone who chooses not to smoke but I would also ask for the same respect – to have the freedom to smoke in my own private vehicle.”
Mr Williams, who smokes ten cigarettes a day, was on the A487 near Aberystwyth when his Suzuki Carry van was pulled over by Ceredigion council officials carrying out safety checks.
He believes it is the first ticket of its kind handed out by the council since the smoking regulations came in last year, because the fixed-penalty notice was numbered 0001.
Mr Williams’s wife, Sue, 56, paid the fine because she was worried that it would be doubled if he did not pay immediately.
She said: “If it wasn’t paid in a certain time it doubled so I went to the council offices and gave them the £30. Even they were a bit surprised by it. I asked for a receipt but they didn’t have any special forms for it.
“They just wrote out that I had paid them £30 on a plain piece of paper.
“If you ask me they have overstepped the mark. I use the van myself for shopping trips – does that mean I also couldn’t smoke in there? It was a very expensive packet of teabags. It just doesn’t make sense to us.”
A spokesman for Ceredigion council defended the fine. He said: “The general position in relation to smoking legislation is that there are very few exemptions to the smoking ban.
“It affects most public premises, including work places and work vehicles.”
However, Simon Clark, director of the smokers’ pressure group Forest, described it as “absolutely ridiculous”.
He said: “It smacks of some jobs-worth council official interpreting the law to the most extreme level. This surely is not what the change in the law was intended for – it was not meant to harass and persecute people going about their ordinary lives.
“It is ridiculous that someone should be fined for smoking in their own private vehicle away from any workplace.”
A careful reading of the smoke-free premises regulations for Wales suggests that the council officials may have been overzealous.
A spokesman for the Welsh Assembly, which drafted the legislation, said: “Smoking is permitted in vehicles used for work purposes that are for the sole use of the driver and are not used as a workplace by anyone else.”
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"it was not meant to harass and persecute people going about their ordinary lives"
Yes it was, as is much of the legislation created by nulabour.
Ken Hall, Barrow-in-Furness, UK
It could be reasonably argued that the only lawfull constitutional person allowed to stop an englishman in his own country going about his lawfull business is a policeman.Who is subject to the CROWN.(see helmet)For I am a subject of the crown not parliament..Nor the directives of Europe.
G Blezard, London, uk
Alcohol is tearing every Christian society apart; Their response? Tobacco witchhunts. When was the last time anyone smoked ten fags then crashed their car into a bus que or beat up a pensioner? Tobacco is only a health problem. Unlike alcohol it is not a social one feeding the yob culture.
Eric Skelton, Cardiff, Wales
Unelected, unaccountable officials who do not understand the difference between exercising and abusing power. Bet they can't even spell "malfeisance".
David, Thanet,
Obtaining money by deception. Isn't that a criminal offence? So when are the police going to turn up at the council office and arrest those responsible?
Tim Bartlett, Upwell, UK
Even as a rabid anti smoker, I find this story incomprehensible! Councils with powers to stop vehicles? Without properly checking the use of same before issuing fines? Leave the poor man alone. Makes me glad I left England - other EU countries employ far more common sense.
Sarah , Bad Liebenstein, Germany
If nobody else (employee(s))has to drive his van then he has not broken the law.
Martin, Aberdeen, Scotland
As the guy said in the interview, I'd like to see a politician or barrister get done for smoking in his car on the way to work as he's carrying his tools to work.
It's PC to the highest degree and is totally out of order!
Andrew Towell, Hartlepool, England
I think may be the Britsh Public have not been paying attention. You should look at some of the documents that have been coming out of DEFRA, eg Local Environmental Enforcement, -guidance on the use of fixed penalty notices. A lot of 'police type' powers have already been given to councils!!
S Docherty, Stockton on Tees, England
I would seriosly urge any and all to go back to the 1945 general election and see what Winston Churchill said about Socialism.The nature of the beast was apparent then.It is confirmed now.We are not at the end but are at the beginning of the end.WAKE UP!
G Blezard, London, uk
I'm sorry to say that stupid as this situation is, it could easily have been avoided; the council have no legal right to stop the vehicle, and no legal standing beyond 'concerned citizen' to testify that he was smoking. Shouldn't stop in the first place; having stopped, should have denied everything
Josh, London, UK
Symbolizes all that Blair and Brown have done to this country. We are getting sick and tired of being told what we can say, think or do. Just wait till the next election - goodbye NuLabour!
Ian Burgess, Bristol,
Outrageous! Who on earth gave these Council officials the power to stop traffic - only the Police should be able to do that! If a Council official tried to stop me in my vehicle I would ignore them!!!!
K Bush, Maidstone, UK
Brilliant stuff, well done to the Government and local elected idiots who continue to amaze with their ways of gererating cash. Not much longer before they all get voted out and we can get back to some sense. This man is self employed for gods sake, its therefore his own van. Jobs worths !
R Walker , Chesham, England
At the RBWM Cabinet meeting on 24.7.08 the Council's new litter enforcement proposals, including 2 full time litter officers, were discussed.
Someone asked if the many traffic wardens could be used ?
The reply was "NO" as it was not their job, and we needed two as they always had to be in pairs !
Peter Hooper, Windsor, UK
And the Labour party wonder why they are so unpopular with voters.
This is Stalin meets Monty Python.
dan, london,
Since when have Council 'Officials' had the power to do roadside checks on motorists?
He should have told them where to stick their fine.
edwina langton, blackburn,
now i have heard it all....ridiculous!!!!!! Leave us smokers alone and find something USEFUL to do with your time!!!!
Kelly C., Ridgeland, USA
It's disgraceful that the Government thinks it can treat the People this way.
No wonder New Labour are haemorrhaging support.
Things like this will lead to its complete destruction - and quite rightly so.
Brian Drury, London Colney, Herts
Does no one understand that under Labour unemployment is down?
This has been achieved by creating all these posts for the Jobsworths.
Got to earn their keep somehow - I know let them go round booking those who actually do a proper job
Frank Healy, Huddersfield,
Mark, Ilminster, I do hope you are not a council enforcer of these regs.
It is only illegal to smoke at home if employees work there or customers are received in room(s) where there is smoking. A solo self-employed person who does not entertain customers is under no such restraint.
Gordon Alexander, Frome, UK
It's a good job the didn't think of the flammability of the paint and other combustibles. He might have got life.
Denis Walton, KEIGHLEY, ENGLAND
He gets a fine for this, yet the country is overrun by law breaking hoodies that the police seem powerless to stop... Yet again Labour have proved that they will take and take from normal people but not punsih true criminal behaviour! Nice one Gordon!
Smith, UK, UK
I'm glad i've got a proper job doing something useful.
Our country has more important things to spend public money on that this. I wish i could opt out of paying taxes.
jake, manchester, uk
Absolutely incredible that someone other than the police can issue a fine.
I thought you guys in the uK fought Hitler? It seems that his spawn is running amuck in your government.;
JerryM, Baltimore, USA
Hopefully the absurdity, pettiness and totalitarianism of this incident will spark a long overdue backlash against the cretinocracy that squats in the corridors of power.
chris, London, UK
Ive got no sympathy at all for the British they don't do nothing but have a good old moan .. G.Brown and his NewOrder must be quaking in there boots . I think its time the british lost the bulldog for a poodle..
jason, Shires,
Quote: "... when he was stopped as part of a roadside check by council officials."
So in England "council officials" can perform checks like this? That's a frightening aspect of your life. Only the police should be allowed to do so. What credentials, if any, do this "council officials" have?
Mike, middlesborrow,
Gordon Alexander is spot on . What's the point in laws if the enforcers don't understand the finer points ?
Benzo, Nr Chelmsford,
I can't understand why Scotland may not want to be affiliated with the rest of the UK...
Mark Carter, Burhnam, UK
Whats next? Getting fined on the streets for not having our shoes laced up the right? Tie not tied properly? How about not properly buttoned up shirts? Not shaved in the morning?
Can we not fine the govemernt for sutipdity?
Marek, London,
It's illegal as he may have to carry someone in the van for business purposes - an apprentice for example. George - if you work from home it is illegal to smoke in the area you work - so probably best not to use a laptop in your living room. Publicans were advised to specify a room for paperwork.
Mark, Ilminster,
Ridiculous indeed! The combination of a power hungry government, with unparalleled of levels of ineptitude, and cerebrally challenged council 'officials' results in this sort of debacle. We are not 'like a police state'. There is ample evidence that we already are a police state.
JBS, Oxford, UK
It won't be much longer before he will be fined for actually driving a van in the totalitarian state that the socialists are trying to impose on us. Seig heil!
Chris, Derby,
Is it April the 1st ?
This is the sort of legistlation that makes us look a laughing stok to the rest of the world....
John, Warwick, UK
I dont smoke, never have, never will, but I accept it's each persons right to decide for themselves. A bunch of jumped up *edited out all the swear words* officials! Someone should take a microscope to them and see how they live their lives! The minute they break the law, they should be sacked!
Arthur, Newcastle,
Please.. When is it going to stop. The bureaucrats truely believe that this country belongs to them and it is their god given right to exact their "rules" to the n'th degree. In the past a revolution would have happened years ago, however there are so many public servants there are few people left
lewis, Gloucester, uk
Is one to understand that the same principle can be applied to anyone working from home by computer? He/she is not allowed to smoke in his/her own home because it is their place of work?
The ultimate in bureaucratic idiocy!!
George Christie, Nantes, France
Never again shall I visit the UK...terrified that ex-haling may get me thrown into the 'dungeon of laughter',where the fine would be double.....Where's the common sence of the UK gone too..??
Mr Tim, san marcos, U S of A
Now we know WHY study of the Magna Carta has been removed from the national curricula. Such knowledge by the great unwashed masses would make Government and its evil bureaucrats look more stupid than they already are!
Bob Evans, Anaheim, California
The van would have appeared to be a business vehicle, used by a painter; smoking in business vehicles is not allowed because other employees may use the vehicle.
So issuing the fine would appear to be correct.
By being able to prove its a private vehicle however, he did not need to pay it.
Morris, Pulborough, UK
Quasi-penal powers to stop and fine have been extended too far. Give ignorant and small-minded people such powers and they will soon show just how small-minded they are. On the facts given this municipal Jobswyrdd has clearly misinterpreted the law.
Gordon Alexander, Frome, UK
Good for them. It gets boring in Wales and dodging council officials on the way to the shops will make life that little bit more exciting
R Kane, Llanfairpwllgwyngyllgogerychwy, uk
The bottom line is that you should never allow people who are not police or traffic wardens to issue fixed penalty notices for apparent breaches of legislation. Thereafter, it should be possible for all alleged culprits to dispute the issue in a courtof law, before any fine is paid.
Steve, Argyll, Scotland
I have never heard of anything quite so rediculous in my whole life. I hope the person who issued the fine can sleep at night.
This country has become like a police state, and we the public stand for anything it is about time we stood up for justice the place has gone MAD,
Mrs Hawkins, Birmingham, West Midlands
Wow! There are rodents with more common sense than this! Whoever issued this fine should be placed in stocks!
It is ironic that the duty paid on the very same cigarrettes will be used to employ senseless cretins to actively enforce such fines!
Stupidity beyond measure - Well done Gordon!
Barry Hurford, Telford,