Advice from the DDC Community Safety Unit on Cooting Road Complaints
We have sent local Officers to the area when they are available and we will continue to do so. PCSO Claringbould is supported in the rural by PC Callaghan and when we find substantive offences that are suitable for Police to deal, we take action where appropriate. It is important to note however that the issue of overnight lorry parking is an issue for most of Kent. Where foreign drivers are parking in a dangerous position, Kent Police will take action. However parking is the responsibility of the local authority, as is litter. Therefore, we need to clarify whether the main issue is bottles of urine (litter) or drivers urinating (potential for an offence).
With reference to comments regarding ‘taking action around outraging public decency or indecent exposure’ the following should be noted:-
Outraging Public decency
In cases of outraging public decency as set out in R v Hamilton (2007), there is a “two person rule”. This rule stipulates that in addition to proof that the act was of such a lewd, obscene or disgusting character as to outrage public decency; the act must be done in a place that the public had access to or where the act was a capable of being viewed by at least two members of the public who were actually present. The terms lewd, obscene and disgusting warrant quite a high level test in order to meet the threshold (it has been used for sex offences in public in the past). It would be unlikely that a court would find the act of someone going to the toilet as lewd, obscene or disgusting.In the circumstances outlined at Cooting Road, it would be unlikely that this legislation would be appropriate.
This comes under the Sexual Offences Act 2003 Sec 66.
It an offence for a person intentionally to expose his genitals where he intends that someone will see them and be caused alarm or distress. Again in the Cooting Road circumstances, this is unlikely to qualify as there must be intent to cause distress to some other person, not just going to the toilet in public.
Police contact would be 101 unless an emergency dictated the use of 999.
Environmental Health (EH)
In relation to problems reported of generator noise, light issues and littering from the HGV’s, please report to EH who would deal with these issues. EH contact would be on 01304 872289 or firstname.lastname@example.org
These should be reported to the Supervising Civil Enforcement Officer on 01304 872064. This would enable a greater accuracy as to how often and how prolific the problem is and in due course dictates any enforcement action.