By Ben Supple

A BURNTISLAND pensioner is to become the first person in Scotland taken to court for feeding birds.

Fife Council will apply at Kirkcaldy Sheriff Court on May 5 to have an Anti-Social Behaviour Order (ASBO) granted against 60-year-old Jean Smith, of Kirkbank Road.

ASBOs can be made under the new and far-reaching Anti-Social Behaviour Act when it is demonstrated that a nuisance is being caused.

The charges against Mrs Smith allege she is causing “fear and alarm” in her community and the ASBO, if applied, will prevent her from feeding birds anywhere in Fife.

Mrs Smith, a retired teacher, and her husband Alan, a former postmaster, are baffled by the council’s move and believe a personal vendetta with a neighbour has escalated out of control.

“This all started when we bought our house just over two years ago,” Alan said.

“Our next door neighbours on one side came to the door and said that the lady had a phobia of rats and mice. They had noticed my wife feeds birds in our back garden and thought that might encourage vermin.

“This was reported to the council and the people from the environmental department visited.

“Apparently, there has also been a complaint that my wife feeds birds at anti-social hours, though she never feeds them before 6.30 in the morning.

“The environmental people sent a letter advising her to feed the birds on the shore or the Links instead of the garden but she was then reported for doing just that on the Links and another letter said she was causing trouble and should stop feeding them there as well.

“On another occasion my wife was spotted taking two or three chips from a bin and giving them to the birds.

“One of the allegations made by the council is she does this regularly.”

Mr Smith continued, “I think the whole thing is utterly ludicrous.

“Fife Council seems to be taking one view over another and blaming my wife for the general problem with birds in the whole of Burntisland.

“I understand that birds can swoop down on people and mess gardens and cars but you can’t possibly say that birds swooping somewhere else in the town, even days after they have been fed, can be blamed on one individual.

“All of this has got out of hand and it has come to the point where we have considered selling up and leaving Burntisland altogether,” he added.

Fife Council housing manager Alan Russell said, “I can confirm we have lodged papers at Kirkcaldy Sheriff Court requesting an Anti-Social Behaviour Order. The request is in relation to the feeding of seagulls at a property in Burntisland.

“We cannot comment further at present due to ongoing legal proceedings but do stress that Fife Council only requests such action as a last resort.”

Local councillor Wullie Leggatt said, “People should understand the mess that birds make, especially seagulls at this time of year.

“There have been cases of children in Burntisland being attacked by nesting seagulls…

“I fully support the council on this matter.”

An RSPB spokesman, who said the organisation did not want to speak about the specifics of the case, added, “We recommend that people put out appropriate food for birds in their gardens but we advise against people going out specifically to feed gulls and other birds in town centres.”