On Tuesday 10 September 2024, Wayne McCluskey, residing at Hilldales Residential Care Home, Ilfracombe, pleaded guilty at Barnstaple Magistrates’ Court to persistent breaches of a Community Protection Notice (CPN) and the Public Spaces Protection Order (PSPO) in Ilfracombe. McCluskey's repeated violations, spanning several incidents, were in direct conflict with legal restrictions placed on him in 2023.

The court heard details of McCluskey’s conduct, including incidents of public intoxication and anti-social behaviour at various locations around Ilfracombe. These breaches, which occurred between May and June 2024, included consuming alcohol in public spaces, urinating in public, and acting in a manner which caused harassment, alarm, and distress to members of the local community.

In response to his continued disregard for the conditions outlined in the CPN, issued on 27 November 2023, the court has now escalated the matter, enforcing the need for a Criminal Behaviour Order. McCluskey’s violations include:

• Public urination at Wildersmouth Beach, Ilfracombe, on 15 May 2024.
• Consuming alcohol in a PSPO area on multiple occasions, including incidents on 15 May, 7 June, and 12 June 2024.
• Intoxicated behaviour in public spaces, leading to dispersal notices and ongoing interventions by local Street Marshals.

Magistrates were informed of McCluskey’s long-standing history of public order offences, dating back to March 2022, when he was fined for a breach of the PSPO. Since the issuance of the CPN in November 2023, McCluskey has repeatedly failed to adhere to its requirements, resulting in two additional fixed penalty notices and continued police intervention.

Leader of North Devon Council, Councillor David Clayton, said: "The behaviour displayed by Mr McCluskey is a serious concern to the local community. Despite efforts to address the issue through penalties and dispersal notices, Mr McCluskey has continued to disregard the law. His persistent breaches have created a sense of alarm and distress among residents, particularly in Ilfracombe. The council will continue to work closely with the police and other local authorities to ensure public safety is prioritised, and we hope that the escalation to a Criminal Behaviour Order will bring about much-needed change."

Magistrates reinforced that McCluskey must continue to observe the following conditions under the CPN:

• He must not consume alcohol or possess open containers of alcohol in any PSPO areas within the North Devon District Council’s jurisdiction.
• He must refrain from any intimidating, threatening behaviour, or public shouting and swearing.
• Acts of littering, public urination, and defecation remain strictly prohibited.

McCluskey will face further court proceedings should he continue to violate the terms of his CPN or any future Criminal Behaviour Orders.