Taxi driver suspended after being spotted smoking in Ardrossan for a second time

A taxi driver who was caught smoking for a second time has had his licence suspended after he was accused of “disregarding” a warning shot issued after the previous time he committed the offence.

Graham Brown appeared before North Ayrshire’s Licensing Committee on Wednesday on a charge of failure to adhere to the North Ayrshire Taxi Licensing Conditions smoking policy.

Drew Robertson, Licensing Standards officer, said: “The incident took place on Friday, August 1, in Sorbie Road, Ardrossan, at its junction with High Road, Saltcoats, at 12.48pm.”

Mr Brown has held a licence since February 1, 2008 and it is valid until January 31, 2026.

He has had no complaints against him from the public.

On Wednesday, May 7, he appeared in person, cited for failing to comply with conditions of the smoking policy while driving and was issued with a warning letter by the Licensing Committee, dated May 22.

Mr Robertson added: “At 12.48pm on August 1, I observed him in Sorbie Road approaching a red traffic light signal at the junction with High Road, Saltcoats.

“He was seen clearly smoking a cigarette, with smoke being blown out of the window. After 15 seconds, the cigarette butt was thrown onto the roadway and the vehicle headed towards Stevenston.

“I initially sent Mr Brown an email, which was not acknowledged, and contacted him by mobile a few days later and explained the circumstances. He acknowledged he was in the wrong and said he was under stress.

“No smoking is permitted in a taxi vehicle irrespective of whether or not it is on hire.”

Mr Brown said: “I don’t smoke when I work in a taxi. I was on a couple of days’ holiday and Mr Robertson caught me obviously.

“I had a bit of a death in the family and so was a bit stressed out. Hands up, I cannot say I didn’t do it.”

Chair Eleanor Collier said: “I’m sorry to hear you have personal circumstances but the warning letter issued last time was quite clear. If you had another offence, then that would be taken into consideration.”

Cllr Christina Larsen said: “The last time you were here you told us it was the first time you had ever done it, and clearly it wasn’t the last time. The warning letter you received is obviously telling you that if you’re caught again it will be taken into consideration.

“What it feels like to the committee is that you totally disregarded the warning shot that was fired to you less than three months ago. I would be happy to propose we suspend Mr Brown’s licence for seven days.”

The proposal was seconded by Cllr Donald L Reid and unanimously agreed by the committee.

The week-long suspension will start on October 1.