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David Leigh |
Smoker fumes over fine for throwaway butt
A LEGAL adviser accused the Town Hall of playing “Big Brother” after he was fined £50 for stubbing a cigarette out on the pavement.
David Leigh, who works for mental health charity Mind in Islington, based in Archway, is threatening to refuse to pay the fine. He is determined to appeal, on the grounds that he was not aware of the law against putting out cigarettes on the pavement.
Mr Leigh, who specialises in employment rights, was stopped outside Angel Tube station by two council environmental wardens.
“I apologised and offered to pick the stub up,” Mr Leigh said. “But one warden was extremely offhand and said: ‘We don’t care what you do you are still being fined’.”
Mr Leigh said he understood wardens had a difficult job to do. “We all want our streets to be clean but rather than educate the public the council’s approach merely makes people angry,” he said.
He called for more signs warning smokers about the bans and telling them that wardens were working in an area. “There’s such a thing as natural justice,” he said. “In some boroughs there’s more of the softly, softly approach, and wardens give out wallets for people to stub their cigarettes out.
“Smokers who have been allowed to stub their fags out in the street for years have to be educated into changing their habits like anyone else.
“And what about people with mental health problems? For them smoking is a way of life. But waving the big stick of a £50 fine won’t force them to stop.”
The law against stubbing out cigarettes on the street was introduced with the smoking ban in 2007.
Mr Leigh said a friend was also fined at the same time and they witnessed two pensioners being fined for the same offence. “It was bad enough for my friend,” he said. “He was a visitor who said he would not be coming back to the borough. But my heart went out to the two pensioners. Those fines represented most of their pensions.”
Old Street-based solicitor Nicholas Lakeland said that, according to his research, guidance from the Department of Environment, Food and Rural Affairs in 2007 indicated that local authorities had to have clear, consistent signs telling people they are required not to throw cigarettes to the ground. “Mr Leigh might have a good case,” said Mr Lakeland, a partner in Silverman and Sherliker.
Islington Labour group leader Councillor Catherine West described the council’s smoking policies as “bonkers”. She added: “With all the other problems of crime, fining someone for stubbing a fag out was excessive.”
Lib Dem executive member for the environment Councillor Greg Foxsmith said: “I would say that, of course, no one likes to receive a ticket, but for every person who receives one and is fined there are many times the number who are thanking the wardens for keeping the streets clean of littering, cigarette butts and especially dog fouling.
“We’ve tried the educational approach and having a quiet word with people. We’ve given out the stub wallets. Sometimes the message needs to be driven home with a fine.” |
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YOUR COMMENTS:
By far the biggest litter problem is chewing gum, which unkike ciarette ends are not easy to sweep up. EHOs follow smokers waiting for them to drop their cigarette ends, but I have never heard of them following people chewing, waiting for them to drop their gum.
'Chas'
I'm a considerate person, who does put my buts in the bin. So far, I set it on fire three times. The butts are a lot easier to clean up, as oppossed to dog doings, chewing gum, takeaway wrappers, or perhaps the floating ash from my legal pleasure.
'Tony'
Stop bloody moaning and stop littering!
'James'
How can you complain of being victimized because you litter the street. Saying cigarette butts are easier to clean up is not an excuse it is like saying I can trash the street as long as it is easier for someone else to pick it up and paid for out of taxes. Dead cigarette butts are filthy and unsightly so you should take RESPONSIBILITY not cry foul because you want to dirty up the place.
Peter Byrd |
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