99 PROBLEMS
NEWS COPY - WITH PICTURES - by Mathew Di Salvo
Furious Steve Higgins, 52, was on holiday when a flock of the birds flew down in an attempt to steal his snack.
The aggressive gulls knocked the Mr Whippy out of his hand on to the floor and he then dropped the remainder of the cone through fear of a further attack.
But his shock turned to anger when an inspector, who he claims witnessed the whole incident, issued him with a £80 fixed penalty notice for dropping the ice cream.
Steve, a parcel courier from Settle, North Yorks, was on a six day break with his 81-year-old mother Joan in Paignton, Devon, at the time.
He said: "I was walking along Paignton Promenade when I fancied an ice-cream.
"I was heading back to my mother when six or seven seagulls dive bombed me.
"They took my ice cream out of my hand. I shouted a few expletives and I was scared that they would come back again.
"I was scared for my own safety. I put the cone down on the grass verge and went to my car.
"The man then confronted me - I told him: 'you just saw what happened', but he wasn't listening.
"He told me it was littering.
"I think it's a disgrace."
Steve said he then went to the police station where he was told he could appeal against the private environmental and civil enforcement company, 3gs.
Since the incident he has been in touch with the company, who have little sympathy.
He added: "They sent me some nasty emails.
"I took the punishment but it's just the attitude.
"I'm not aware of the laws down there, do you think it's littering?
"If there was a family on holiday and a child was attacked whilst eating, and dropped food on the floor would the parents be fined?
"I love it down in Torbay, but if things like this are going to happen I won't come back.
"And are people often fined for this sort of thing? It is something that needs to be addressed, people will be put off visiting the area."
Steve has since paid the fine, but says he still plans to appeal.
A spokesperson for 3gs said: "We are satisfied that the fine was correctly issued in accordance with section 87 of the Environmental Protection Act 1990.
"We cannot comment any further on individual cases."
Torbay Council has been asked for a comment.
ENDS
