Thomas McSorley of Richmond Road, Accrington, was also ordered to pay £150 costs after magistrates sitting in Reedley proved the case in his absence.

Last November McSorley, an employee of Ian Howorth Scaffolding, was seen smoking in his company van in Booth Street when a Pendle Council Environmental Health Officer spoke to him, asking if he was aware he should not been smoking.

McSorley said he was aware of the regulations and gave his name and address to the officer, who later issued him with a fixed penalty notice for breaking the smoking ban.

When McSorley did not pay the £50 fine, the case was taken to court.

Coun. David Clegg said: "This is a blatant breach of the law. Mr McSorley was fully aware 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.

"At Pendle we take the no smoking ban very seriously. We are pleased 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 1st July 2007."

To report anyone smoking in a public place or company vehicle, including taxis and contractors' vehicles, call 01282 661199.