Five year banning order for aggressive beggar

By on 28/03/2013 in Cllr McKay, News

An aggressive beggar has received a five year ban from entering both Moseley & Kings Heath and Sparkbrook Wards.

Following the obtainment of a Section 222 Injunction Order in Moseley last June, Nathan Davis (41),  received a five year Anti-Social Behaviour Order this week from Birmingham Magistrates Court.

He is banned from:
1.    Entering both the Sparkbrook and Moseley & Kings Heath Wards.
2.    Using or threatening violence, verbally abusing, harassing or intimidating a series of previous victims including local residents and people who work in the locality.
3.    Behaving in a manner likely to cause harassment, alarm or distress or across the whole of the city.
4.    Begging in the whole of Birmingham.
5.    Being in possession of or drinking on the street anywhere across the city of Birmingham.
6.    Urinating, defecating or exposing genitalia in public.
7.    Leaving his dog without a lead, anywhere in the city.

In June 2012, officers from Birmingham Community Safety Partnership successfully obtained a Section 222 Injunction Order against Persons Unknown to stop street drinking and begging in Moseley Village. This has been a really effective tool in tackling nuisance behaviour.

The team of officers worked with West Midlands Police and the Moseley Community Alcohol Partnership which saw 30 individuals receive enforcement action, support and education. The local community have seen a massive reduction in alcohol and begging related problems. 27 out of the 30 have successfully engaged with packages of support aimed at helping them with their alcohol, drug and accommodation issues, whilst at the same time reducing their anti-social behaviour in and around Moseley.

Barry Fitzgerald was the first individual to breach the Section 222 Injunction Order in Moseley Village in July 2012 and went on to commit four further breaches. In December 2012, the High Court issued him with a three month custodial sentence suspended for 12 months.

Barry Fitzgerald has received a lot of support from agencies such as SIFA Fireside (Supporting Independence from Alcohol) and Midland Heart Housing Association in an attempt to address his alcohol and accommodation issues. He has not breached the s.222 Injunction Order since being issued with the suspended sentence and support continues with him.

Nathan Davis took his anti-social behaviour to surrounding areas and began making serious threats to residents, shopkeepers and to police officers. His level of harassment and intimidation had really affected the lives of those people living in the locality. He had influenced others to cause anti-social behaviour throughout the years – the individuals who have historically been attracted to Moseley to drink and beg have always viewed Nathan Davis as their unofficial leader.

Local residents and shopkeepers have bravely come forward to give statements against Davis who harassed and intimidated the local area for approximately 10 years.

There were a total of 11 witnesses who live and work in the affected areas and seven police witnesses who provided evidence for this case and attended court. Safer Communities Officers coordinated this investigation and compiled the evidence against Davis.

Partner agencies including Birmingham City Council and West Midlands Police will continue to engage with all individuals who have drink or substance issues by linking in with specialist support agencies such as SIFA Fireside, Aquarius, and Midland Heart's Rough Sleepers Team.

Cllr James McKay, Cabinet Member for a Green, Safe & Smart City commented: “This is another excellent example of joint partnership working by officers from Birmingham Community Safety Partnership, West Midlands Police, other partner agencies and members of the public in tackling an individual who had long plagued residents and businesses in the local area. I hope that this ASBO and the Section 222 Injunction Order will send a clear message to all that this type of behaviour is not acceptable and it will no longer be tolerated.”

A local awareness raising campaign using leaflets and posters will start shortly informing local residents of the action that has been taken and how to report any breaches.

Local residents are encouraged to report any issues of anti-social behaviour and breaches of the Section 222 Injunction Order to West Midlands Police on 101 or Birmingham City Council on 0121 303 1111


For more media information please contact Natasha Bhandal on 0121 303 8727.

Notes to editors

Birmingham Community Safety Partnership is a joint partnership between Birmingham City Council, West Midlands Police, West Midlands Fire Service and other agencies that work together to tackle crime and anti-social behaviour that affects our communities.

A Section 222 Injunction Order is granted under Section 1 of the Localism Act 2011, Section 222 of the Local Government Act 1972 and Section 130 of the Highways Act 1980. It is an Injunction Order to restrain anti-social behaviour that constitutes a public nuisance such as prostitution, begging, drug dealing or kerb crawling. Injunctions can prohibit an individual from entering the area where the nuisance has been committed and may also contain other prohibitions designed to restrain the type of anti-social behaviour that has caused the public nuisance.

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