A YORK smoker fined £50 for dropping a tiny roll-up fumed today: "Where could I bin it?"

Brian Gray, 65, from Chapelfields Road, was left shocked and outraged when council officers slapped him with the penalty as he waited for his wife in Front Street, Acomb.

Under new laws 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 Brian says there is nowhere to dispose of cigarette-ends in Acomb.

He also claimed that the officers "ignored" groups of youths who were "blatantly" dropping crisp packets and pop cans nearby.

"I guess they thought I was an easy target because of my age," he said.

"If they are going to fine people for dropping fag-ends on the floor then there should be facilities available to dispose of them.

"I'd just been to draw my pension, which is £93. Most of it will be used to pay the fine. I'm disgusted."

Brian said he planned to write a letter of complaint to the council before paying the fine.

His wife, Margaret, said: "They (the officers) really upset Brian - he went white as a sheet. They didn't dare fine the youths for chucking litter."

But Jackie Armitage, City of York Council's street environment officer, said: "We are not discriminating against anyone. We treat everyone the same, and if officers see people dropping litter they will be fined.

"Our officers have been proactively approaching groups of young people to encourage them not to drop litter and one of our officers did speak to a group of young people in Acomb on Wednesday.

"We will be giving out portable ashtrays in the near future and smokers can obtain these - free of charge - by calling the York Pride Action line on (01904) 551551.

"Officers on patrol will also be offering them to smokers.

"Also, we will be providing stubs on all city centre litter bins so that

people can stub out their cigarettes and dispose of them properly."

Updated: 09:39 Saturday, May 22, 2004