willcove wrote:
A quick search of the Internet shows several who've received fines. However, the major case law now is those who've been awarded ASBOs and injuctions under the EPA for feeding birds. For example, in 2003 Judge David Brunning issued an injunction under the EPA against Donald and Carol Booth banning them from further feeding of birds. The injunction expires some time in 2008. North of the border in 2005, Kircaldy Sherrif's Court issued an ASBO against Jean Smith forbidding her from feeding birds anywhere in Fife.
Hopefully, those will do.
Thanks Willcove. This is the first chance I’ve had to look at those cases (I wasn’t going to let your search go to waste).
Donald and Carol Booth:
These two were bound over by Section 81, sub section five of the Environmental Protection Act; this act specifically deals with problems of nuisance. From reading the related articles it would seems these two really were a nuisance so the injunction is deserved – not because they were feeing birds but because they were feeding hundreds, perhaps thousands of them daily
resulting with complaints (subsequently upheld) from their neighbours.
Jean Smith:
Again, she faced action over the number of birds she was feeding which were subsequently becoming a nuisance to her neighbours, not because she was feeding birds. In her case, it is interesting to note that “Environmental health officials tried to resolve the issue by suggesting Mrs Smith feed the birds away from her house at an open area close to the River Forth”. She is still allowed to feed birds.
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