Ilfracombe street drinker given Criminal Behaviour Order

Barnstaple Magistrates' Court

An Ilfracombe man has been fined and given a Criminal Behaviour Order at court following repeated antisocial behaviour and breaches of a Public Spaces Protection Order (PSPO) in Ilfracombe.

Gary Whales, aged 65, of Oxford Park, pleaded guilty to breaching a Community Protection Notice (CPN) on five occasions when he appeared at Barnstaple Magistrates' Court on Tuesday, 19 November.

A CPN is an antisocial behaviour measure which can be imposed on individuals over the age of 16 where their conduct is unreasonable, consistent, and has a detrimental effect on the quality of life of those in the community.

Whales' CPN required him not to consume alcohol or be in possession of open containers of alcohol within any PSPO area in North Devon, as well as not to be drunk, urinate, or use threatening or abusive language or behaviour in public places. The breaches took place in April and May of this year and all related to Whales consuming or possessing alcohol and being drunk in the Ilfracombe PSPO area.

Magistrates issued Whales with a Criminal Behaviour Order for a period of two years, with any breaches likely to result in more severe legal consequences. The requirements of the order are similar to those of his CPN. Whales was also ordered to pay a total of £140.

North Devon Council Chief Executive, Ken Miles, said: "Criminal Behaviour Orders are not measures we apply for lightly. This prosecution sends a clear message that we will take action against those who continually behave in an antisocial manner and disregard the measures we have in place to ensure our towns are places everyone can enjoy safely. 

"We are dedicated to working with our street marshals, Devon and Cornwall Police and our partners to tackle antisocial behaviour and take action against the minority who cause harm in our communities."

The council's Facebook page provides regular updates from its ASB team about the work it conducts in the community on a daily basis. All activity relating to the council's work to combat ASB can be found using #NDCsaysnotoASB.