Skip to main content | Skip to section menu | Access keys.

Clackmannanshire Council Online

Breach of Anti-Social Behaviour Order

Published on:


July 2005

A custodial sentence has been handed down to a man who breached an Anti-Social Behaviour Order.

Clackmannanshire Council staff have been involved with the case, which was heard at Alloa Sheriff Court on Thursday 7th July, since August 2004 when an Anti-Social Behaviour Order was granted due to the alarm and distress being caused to people living in Hillview Terrace, Alloa.

Despite warnings and advice William Porteous chose to ignore the Order and continued to play loud music and shout and swear. The Council's 24-hour stand-by team had been called to his address on 10 occasions since January 2005, with the Police also attending on a number of occasion because of loud music. This, along with other evidence, led to an ASBO being granted at Alloa Sheriff Court on 6th May 2005 prohibiting Mr Porteous from playing loud music and shouting and swearing. He was then arrested on 16th June for breaching the Order.

John Gillespie Head of Housing, Property and Benefit Advice said: "Staffare very pleased that the court have taken the breach of ASBO seriously and I'm sure it will also be good news for the community in Hillview Terrace.

"This is the first breach of an ASBO in this area to be dealt with by the court, and it has resulted in a custodial sentence. Indeed the Sheriff was adamant that Mr Porteous had had his last chance to temper his behaviour when the ASBO was granted and so was quite clear that a custodial sentence was the best disposal.

"The hard work in collating evidence, attending disturbances and joint work with the Police has shown that an ASBO can be an effective measure where a person refuses to temper their behaviour. I hope this sends a strong message to others who think they can get away with persistent anti-social behaviour."

The Council has a range of tools available and aims to bring about an amicable solution without having to resort to applying for an ASBO. When all other avenues have been explored an ASBO be sought to attempt to bring neighbours respite from the distress and upset that anti-social behaviour causes.

The Council has reported another three other breaches of ASBO to the Procurator Fiscal.