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02 June 2005
Bird woman agrees deal to avoid ASBO action
The bird woman of Burntisland has escaped an Anti-Social Behaviour Order (ASBO) by negotiating a compromise with Fife Council.
Kirkcaldy Sheriff Paul Artherson today agreed to suspend the local authority’s application for an ASBO against retired teacher Jean Smith.

The council had alleged Mrs Smith’s bird feeding disturbed neighbours and caused fear and alarm by encouraging birds, particularly seagulls, to swoop on locals.

Had the ASBO been granted, Mrs Smith (60) would not have been able to feed any bird anywhere in Fife.

Defence solicitor Michelle Renton told Sheriff Artherson her client had now satisfied the council by agreeing on restrictions to her bird feeding.

Mrs Smith has given undertakings she will no longer feed seagulls in her garden at Kirkbank Road, and will not feed any other birds until after 2 pm. She has also agreed not to feed seagulls on Burntisland’s Links or shoreline between 7 am and 7 pm.

An avenue has been left open for the agreement to be renegotiated outwith Burntisland’s busy summer period.

Mrs Smith said, “I am extremely relieved that there won’t be an ASBO.

“I don’t think the matter should ever have reached court in the first place.

“It was ridiculous for the council to have claimed that fear and alarm was being caused, and I don’t think they could have proved it was being caused had we opposed the ASBO.

“All through this I have had lots of letters and messages of support, all of which were very much appreciated.”

Mrs Smith’s husband Alan added, “I don’t believe it would be possible to actually impose restrictions on bird feeding.

“However, we have voluntarily reached a compromise with the council in order to end the court proceedings.

“This has dragged on far too long, caused a lot of stress and we are delighted to have finally put it behind us.”

Mrs Smith’s compliance will be monitored and any breach could constitute contempt of court and result in the council re-applying for an ASBO.

Council housing manager Alan Russell said, “I’m pleased we have been able to resolve this problem without using an ASBO.

“Fife Council does not take such court action lightly, and indeed we have a full range of services available to resolve disputes. We raised this case after complaints about the public health nuisance caused by the seagulls and their droppings.

“As a council we have no problem with people feeding wild birds in their gardens, indeed we appreciate how many people get hours of pleasure from doing this.

“However, seagulls are a major vermin problem in parts of Fife and we would strongly urge people not to feed them, or leave any bags out which they could scavenge from.”