yorkscot wrote:
IMO there will be a small downturn in trade for a short time in the early period but punters will soon go back to doing what they always did. I don't think it will affect the late evening revellers trade at all. As far as the legislation is concerned, we can moan and groan all we like but the reality is it is going to happen and we may as well get prepared for it too.
There are lots of red herrings going around here with regard to drivers rights to smoke in the cab when no passengers in. Of course they are all red herrings as the truth is you cannot smoke in the vehicle at all, even on your day off. However, I aslo think it will almost be impossible for local authorities to police effectively, as they will probably not have anything like enough staff out there to do so. The one thing I really object to is that we as drivers are now basically being held legally responsible for policing legislation ourselves (our poor counterparts in my native Scotland have this on alcohol too!). perhaps some LA idiot can tell me how to stop six drunken yobs (as I get on a Saturday night in my MPV) without recourse to possibly a machine gun !!(joke of course!) This is yet another instance of "authority rule makers" being totally out of touch with the reality of the situation as always !! I do so hope the first driver charged takes it to court and common sense prevails and the charge is thrown out - well I can dream can't I?

Have only heard of one case of a driver being fined for letting a passenger light up, but that was his daughter so that's a bit different enforcement wise to the scenario you outline.
Quite a few drivers have been fined for smoking themselves, but if a driver is out late at night on a country road, for example, who's to stop him smoking?
http://scotlandonsunday.scotsman.com/in ... =962942006
(bottom half of the page)
Off-duty taxi driver fined after daughter lights up
A TAXI driver has revealed how an off-duty mercy mission for a desperate relative turned into a distressing and expensive tangle with Scotland's toughest smoking ban enforcers.
Cabbie Robert Cowan, from Tayport in Fife, was pulled over by two undercover health officers as he gave his daughter a lift in his private-hire taxi after her car had broken down.
The 61-year-old driver was landed with a £200 fine for allowing Amanda, a civil servant, to smoke in his taxi, even though he was off duty. They were also detained by the roadside for an hour, even though his 29-year-old daughter was on her way to pick up her child.
Cowan's case emerged during a Scotland on Sunday survey of how the ban on smoking in public places has been enforced in the first 100 days since it was introduced on March 26.
While most councils have taken a soft approach by issuing just a handful of warnings, Dundee and North Ayrshire have emerged as hardliners, handing out 21 fines between them.
The figures have also revealed that rather than pubs and clubs being the worst offenders, it is cabbies, van drivers and bus companies that are the surprise culprits.
Cowan, who is registered to work in east Fife, is thought to be one of the first taxi drivers to be handed a penalty for allowing a passenger to smoke in his cab.
Cowan was targeted by anti-smoking enforcers in Dundee as he tried to help his frantic daughter collect her son from a childminder after her car broke down.
To calm her frazzled nerves, Amanda lit a cigarette, unaware she was getting her father into trouble.
Although his Skoda Octavia is a registered taxi in Fife, it also doubles as his private family car. But under the legislation, smoking is banned at all times in any vehicle used as a workplace and by members of the public.
As the pair waited at traffic lights in the city centre, they were spotted by two council officials behind them in an unmarked car.
The officials ordered Cowan to pull over, fining him £200 and giving Amanda a £50 penalty.
Cowan said: "This ban was not supposed to be an infringement on civil liberties, but that is exactly what it was in my case.
"I told them that I was off duty and the car was being used as private transport, but they would not listen, even though my meter and my radio were both off.
"I was not aware that the ban applied all the time in private-hire taxis. I held up my hands to allowing my daughter to smoke and said it was through ignorance that I had done it.
"The enforcers seemed like they were just on a power trip.
They don't have the power to detain anyone, but they kept us at the side of the road for nearly an hour, even though Amanda needed to pick up her son from the childminder."
Cowan and his daughter both appealed against their fines, and a hearing held by Dundee City Council's environmental health department in May agreed to withdraw Amanda's fine and issue a warning instead.
But Cowan was told he would still have to pay his penalty as he should have been aware of how the legislation affected taxis.
Since the ban came in to force, enforcement officers have found 124 cases of the law being breached and 32 fixed penalty notices have been given out to premises and individuals.
Environmental health officers have also received 570 tip-offs from the public about people breaking the ban, and inspectors have visited 23,000 premises