FINE-HIT smoker Brian Gray has been trying out the latest device to stop tab ends ending up on York's streets.

Brian, who was left fuming after he was given a £50 fine for dropping a tiny roll-up in Front Street, Acomb, tested out City of York Council's new "butt buster".

Smokers will be offered the new portable ashtrays in an effort to stop them littering the city streets with cigarette butts.

Under new rules introduced in the city, anyone caught dropping litter on public land is forced to pay a £50 fixed penalty notice within 14 days, or face a fine of up to £2,500.

But 65-year-old Brian, from Chapelfields Road, whose case was highlighted in the Evening Press, said he should not have been prosecuted as there was nowhere to dispose of cigarette ends in Acomb, and claimed he was targeted because of his age.

Now he has vowed to keep one of the new portable "Butts Out" ashtrays in his tobacco tin to avoid further fines.

"They are a good idea I suppose, but the council should have introduced them first before fining people," he said.

"The ashtrays might be too small for cigars."

Brian has written to the council to complain about his fine and is awaiting a response.

A City of York Council spokeswoman said it would be giving out the ashtrays in the near future. Smokers can obtain them - free of charge - by phoning the York Pride action line on 01904 551551, and one will be ordered for you.

"We hope that smokers will find the ashtrays useful and encourage them not to drop cigarette-ends on the floor," she said.

So what do you make of this little gadget?

Amanda Macgillivray and Tom Cowan asked people in York whether they would use the "butt buster".

Andrew Smith, 30, of Bootham, said: "I would use it, but I usually dispose of cigarette butts down the drain."

Lesley Fay, 20, from Central York, was less sure. "I'm a social smoker, and normally I smoke in places where there are ashtrays, such as pubs and at home," she said.

Nicola Bardy, 28, of Leeman Road, said: "I would use it if it meant not getting fined, it's a good idea. I'm into recycling and don't like litter of any kind."

Pauline Leggott, 55, of Navigation Road, said: "I'm an ex-smoker, but would definitely use them because most litter on the streets is caused by cigarettes."

Updated: 10:03 Friday, May 28, 2004