Michael Whalley was spotted by a council enforcement officer smoking a cigarette in his Hackney carriage while waiting at the lights on Market Street in Lancaster on August 28.

Mr Whalley, 45, of York Place in Morecambe, had been fined twice previously for smoking in his taxi.

In line with the council's smoking enforcement protocol, Mr Whalley was referred to Lancaster Magistrates' court, where he pleaded guilty to the offence.

He was ordered to pay a fine of £50, costs of £44 and a victim surcharge of £15.

Coun David Kerr, cabinet member with responsibility for environmental health, said:
"Some people believe that taxi drivers should not be fined if they light up a cigarette when they have no passengers in their vehicle.

"However, the legislation is clear – the no smoking rule applies at all times whenever a taxi is used, regardless of whether passengers are being carried – and the council is under a duty to ensure it is enforced.

"Taxi passengers have a right to sit in a vehicle that does not smell of smoke and we will continue to take action against any taxi drivers who break the law in this way."

Mr Whalley's previous offences took place on May 23 and June 29. He was given fixed penalty notices for both offences, which he paid.