25/07/2008

Painter fined for smoking in his own van

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 to buy some teabags for his wife when he was stopped as part of a roadside check by council officials near Aberystwyth.

Moments earlier he had lit a cigarette and was issued with penalty notice under anti-smoking legislation that bans it in the workplace.

However, although his wife has paid the fine Mr Williams says he will appeal. He claims he uses the unmarked van to transport his paint and ladders to and from jobs and that it is not a place of work.

A careful read of the smoke-free legislation 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 not used as a workplace by anyone else.”

(The Times)