A SCAFFOLDING worker has been fined for smoking in his work van while on a break.

Thomas McSorley, 39, of Richmond Road, Accrington, was fined £50 for smoking a cigarette in his company van while working in Pendle.

He was also ordered to pay £150 prosecution costs.

Reedley Magistrates’ Court heard that McSorley, an employee of Ian Howorth Scaffolding, was seen smoking in his company van in Booth Street, Nelson, last November.

One of the Pendle Council's environmental health officers spoke to him, and asked if he was aware that he should not been smoking.

He said that he was, and gave his name and address to the officer, the court heard.

She issued McSorley with a fixed penalty notice for breaking the smoking ban.

Mr McSorley did not pay the £50 fine, and so the case was taken to court last week. He did not appear at court and the case was proved in his absence.

After the case, Coun David Clegg, who represents environmental health in Pendle, said: “This is a blatant breach of the law.

“Mr McSorley was fully aware that he should not be smoking. He even had a ‘No Smoking’ sign in his van.

“It is against the law for anyone to smoke in work vehicles while they are working.

“We are pleased that we have not had to take legal action on many occasions because of the very high levels of compliance with the law.

“This was only the second prosecution since the law came into force on July 1, 2007.”

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