A DEFIANT cabbie has been fined for for the second time after smoking in his taxi.

Paul Sutton, the former chairman of the Southend Licensed Taxi Drivers’ Association, appeared before Southend magistrates after council officers filmed him taking a puff and throwing the butt out of his car window.

Sutton, 60, of Riviera Drive, Southend, initially indicated he would plead not guilty, citing the Human Rights Act and saying Southend Council had breached his privacy by not telling him he was being filmed.

But he changed his mind and pleaded guilty, for which he was given credit by magistrates.

Tessa O’Connell, prosecuting, told the court Sutton was seen smoking in his taxi, a smoke-free zone, on April 20, contrary to the Health Act.

She said council officers filmed the driver as he sat in his car, parked near the Kursaal, in Southchurch Avenue, Southend.

The driver was previously fined £150 and ordered to pay £100 costs in May last year after becoming the first taxi driver in Southend to be prosecuted.

The law came into force in July 2007, which made it illegal to smoke in public places and work places, including cabs.

At the time, he admitted he had been smoking when he was spotted by a health and safety worker, in January last year.

Sutton also claimed he had kicked the habit and taken to smoking an electronic cigarette.

He declined to comment after the latest hearing, where he was fined £150, and ordered to pay £50 costs and a £15 victim surcharge.