Taxi driver told off for smoking in his cab on 'nice day' as he makes COPD admission

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A cabbie has been given a ticking off by licensing chiefs for smoking inside his taxi.

Andrew Dysart appeared before the North Ayrshire Licensing Committee on Wednesday.

Drew Robertson, Civil Licensing Standards Officer with North Ayrshire Council revealed that the cabbie faced allegations for failing to adhere to taxi licensing conditions smoking policy at Saltcoats train station on April 9, at 11.25am.

He has held a licence since July 2022 which is valid until July 31, 2025 and had no previous complaints against him.

Mr Dysart was in the driver's seat of the first taxi in the rank. He had the driver’s door open with his feet facing out of the vehicle and smoking a cigarette. There were no passengers in the vehicle.

Asked why he was doing this, he said he considered he was complying with the no-smoking policy as he was blowing cigarette smoke out of the vehicle.

Mr Robertson confirmed that no smoking was permitted in a licenced vehicle by either passengers or drivers and applies to driver and passengers regardless of whether or not it is on hire. This includes the use of e-cigarettes and vaporising devices.

He added it was a nice, dry day and there was no reason why he could not have stood outside or beside the car.

He said: “The door was open, the window was open and I was not sitting with the steering wheel in front of me. All I can say is apologise and say sorry.

Cllr Christina Larsen said licensing policy was that no smoking was allowed in a vehicle.

Asked why he had broken the rules he said: “I don’t know why i did it as I don't smoke in the taxi as you don’t want people to come in smelling smoke.

“The boy I drive for has COPD and any smoke in the car he would know straight away as he would go into a fit of coughing.”

Cllr Larsen said it was incumbent that he did not smoke in the vehicle.

She said Mr Dysart had a duty to ensure everyone in his taxi was not affected by his passive smoking.

Cllr Nairn Angus-McDonald asked if it was something he would not do again and he agreed.

Cllr Larsen put forward a motion saying that the driver should be given a warning letter following the incident and this was seconded by chair Eleanor Collier.

An amendment was proposed by cllr Nairn Angus-Macdonald, seconded by cllr Donald L Reid to take no action.

The motion was passed by five votes to three.

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