A RANDY couple who had sex in Domino's while waiting for a 12-inch stuffed crust admitted it was a "drunken night in which they got rowdy and silly".
Daniella Hirst and Craig Smith have escaped jail after they were caught on CCTV engaging in a sex act and having sex in the Domino's pizza in Scarborough.
The couple had been waiting for their pepperoni pizza when they let their "exuberant spirits get the better of them", Scarborough Magistrates' Court heard.
Hirst squirmed in the dock today as the steamy 18-minute footage showing the pair in the pizza shop in February was played to the court.
She had later described her behaviour as "horrendous" and she "cringed" when watching the CCTV footage back during police interview.
The pair walked laughing out of court today after escaping jail and all the costs of the case.
Smith yelled “Why should I get the extra?” when he was ordered to carry out 200 hours of unpaid work by magistrates.
He later told reporters to "get f****d" outside court when they asked for a comment.
The case has cost the taxpayer £1,240 but the pair will only have to pay an £85 surcharge because of money already owed to the court.
They were also given 12 month community orders and will have a 23-week curfew, as well as undertaking rehabilitation.
The curfew between 7pm and 7am means the pair will not be able to spend the night together as they both live separately.
The footage shows the frisky pair ordering food and messing around with a yellow cleaning cone, before Hirst performs a sex act on Smith.
After this, the couple have sex leaning on the counter close to the till.
Staff can be seen working in the kitchen as the couple continue their antics and delivery staff come and go during the footage.
Scott McLoughlin, the couple's solicitor, told the court this was “one drunken night in which they got rowdy and silly".
He added: "This footage is on the internet and it will be for ever more, for their children to see.
"One can only imagine the embarrassment this has caused.
“This is something that has escaped into the wild.
“When they entered the store, they did not intend to cause any harm to anyone.
"They were in high spirits. It (the store) was completely devoid of customers and no-one initially noticed or saw what was happening.
“It’s blatant but not as blatant as it could have been. They moved to the right of the store.”
The footage was posted on social media by a staff member at the business and Hirst admitted it was her when quizzed by police.
Chairwoman of the bench Angela Beardshall said a custodial sentence could not be ruled out.
Hirst, 29, of Gypsey Road, Bridlington, pleaded guilty to outraging public decency at a hearing last month.
Smith, 31, of Field Road, Bridlington, was found guilty of the same offence after a 30-minute trial, which was held in his absence.
Hirst said at the time the video was released: “I’m very open-minded about sex and public places — I love the thrill you may get caught.
“But obviously I never thought we’d get caught like this and end up all over the internet.”
Smirking builder Craig, 31, said: “After ordering the pizza we talked about all the places we’d had sex with each other.
“Our top five include a bus, a van, a hotel, swimming pool and a field. We wanted to see if we could top it.
“We got a bit frisky and one thing led to another. Domino’s is definitely now our number one – going to be hard to top it.”
Is it illegal to have public sex in the UK?
The issue is complicated.
There are a number of laws that could result in an arrest, such as outraging public decency contrary to common law, behaviour that is likely to cause harassment, alarm or distress to other users contrary to the Public Order Act 1986, offences of exposure, and sex in a public toilet.
However, police have adopted a more softly-softly approach in recent years and will probably only get involved if members of the public complain.
In 2009 the Association of Chief Police Officers released specific guidelines for policing "Public Sex Environments".
The document said: "The Metropolitan Police Service (MPS)… is committed to making PSEs safer for both users and those who happen upon them when going about their daily business."
Chris Ashford, professor of law and society at Northumbria University, told the BBC that police have to strike a balance between policing isolated locations where bystanders might stumble across public sex with responding to public concerns.
As a rule of thumb, you're probably fine in an extremely secluded location, but expect to have your collar felt if you get busy on a crowded beach.
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