Barnstaple man fined for drinking in public

On Tuesday, July 18, 2023, North Devon Council successfully prosecuted Mr Terry Byrne, a 44-year-old man of no fixed abode, for breaching a Community Protection Notice (CPN) in Barnstaple town centre. 

The incidents leading to the prosecution occurred earlier this year. On Thursday, February 9, Byrne was found outside the entrance of Library Square, Barnstaple, consuming alcohol in violation of his Community Protection Notice (CPN) dated September 6.

The notice explicitly prohibited him from being intoxicated in public places or possessing unsealed alcohol containers within the PSPO area.

Subsequent breaches were reported on Tuesday, March 28. At approximately 2pm, Mr. Byrne was discovered in the doorway of an address on Summerland Street, Barnstaple, under the influence of alcohol and asleep, obstructing access to the premises. Later that day, at around 4pm, he was found in the fire exit doorway of Specsavers, in a heavily drunk and asleep state, preventing access to the establishment.

Magistrates found Mr. Byrne guilty in his absence and ordered him to pay a total of £140, comprising a £100 fine and £40 in victim surcharge and costs.

Leader of North Devon Council, Councillor Ian Roome, says: "CPNs 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. Unfortunately, there remains a minority who don't follow the rules. We will continue to work with Devon and Cornwall Police and our partners to ensure North Devon is a safe place to live, work and visit."

Failure to comply with a CPN without reasonable excuse is a criminal offense under Section 48 of the Anti-Social Behaviour, Crime, and Policing Act 2014. This carries a maximum penalty, on conviction, of a fine of up to £2,500 for individuals, or an unlimited fine in the case of businesses or other bodies.

The successful prosecution of Mr. Terry Byrne underscores the commitment of the North Devon Council to enforce Community Protection Notices and maintain a safe and respectful environment for all residents and visitors in the town centre.