Wokingham

A substantial rise in crime over the Christmas period in a road in Sonning has prompted Wokingham District Council to take legal action to restrict anti-social behaviour in the area.

For some years now Wiktor Moszcyznski of West Drive in Sonning has been putting up Christmas lights and musical decorations outside his property. Each year the display attracts thousands of visitors to the private, unlit road, causing a substantial rise in crime and anti-social behaviour as well as disruption, annoyance and harassment to the surrounding community.

In the period between April 1, 1999, and March 31, 2000 - before the light and musical display developed into the spectacle it has been in recent years - one offence was recorded in West Drive. Between April 1, 2004, and March 31, 2005, 52 offences were recorded in West Drive, 33 of these between November 15, 2004, and January 15, 2005. These figures exclude follow-up crimes occurring in other areas – for instance credit cards and cheques stolen from cars parked to see the lights and then used fraudulently at a later date.

This rise in crime and the increase in noise and light levels in the road prompt a substantial number of complaints to both Wokingham district council and the police each year. The resulting increase in police patrols to specifically address crime and harassment issues, and neighbourhood work by Wokingham council community wardens, costs some £7,455*, causing a drain on resources during this period and leaving less money to be spent on other areas.

Both Wokingham council and police encourage cooperation between neighbours and have tried on numerous occasions to resolve the issue informally. Residents of West Drive understand that the lights raise money for charity each year and have offered to contribute an equivalent amount to the named charity. The council has also offered to find an alternative, more suitable location for the decorations, where visitors have easier access and are able to park safely to enjoy the display. These offers have both been rejected.

Therefore the Wokingham council today (October 20) applied for an injunction from Reading County Court to prevent Mr Moszcyznski from behaving in an anti-social manner which includes stopping him from putting up an external light display. Trial of the matter would not have been possible until April 2007 and therefore both parties agreed to find a constructive alternative to the expense and delay of a trial. After negotiation, Mr Moszcynski agreed to give detailed and extensive undertakings in respect of his future behaviour and actions in West Drive.

He is not permitted (apart from the exceptions listed below) to attach any light or Christmas decoration to the exterior walls or roof of the property; erect any Christmas or other decoration which causes a noise or which is animated on the exterior of the premises or the drive and garden of the premises; encourage members of the public to visit the property by advertising or publicising in any form of media the occurrence of a Christmas or other light display at the property; intimidate, threaten, abuse, harass, distress or alarm any resident of West Drive Sonning, including the making of threatening telephone calls.

The undertakings do permit Mr Moszcyznski to put up four seven-foot inflatable decorations (without music or lights) and eight rows of lights and two small moulded decorations. The undertaking will last for three years.

Deputy chief executive Paul Turrell said: “The council has tried every avenue it can to resolve this issue informally. The Wokingham district sees some fantastic light displays at Christmas and, on the whole, they are a credit to our residents. This one instance, however, causes a massive increase in the crime rate, puts an unnecessary strain on both police and council resources, and disturbs a normally peaceful road for a period of some three months each year.

“Having had all offers to resolve the issue some other way rejected, the council was left with no choice but to go through legal channels. I am glad that Mr Moszcyznski has now given an undertaking to the court that he will considerably scale down the lights and I hope that this will allow Sonning’s residents to enjoy their Christmas without the fear of crime and anti-social behaviour.”

Wokingham District Council