A couple who were caught having sex inside a branch of Domino’s Pizza have been spared a jail sentence.
Daniella Hirst, 29 and Craig Smith, 31, were warned by a judge they were both ‘very close’ to being sent to prison for the ‘brazen’ offence.
A court heard that the randy pair had spent the day drinking, before letting their ‘high spirits get the better of them’ as they waited for a stuffed crust pizza.
Magistrates viewed parts of an 18-minute video showing Hirst performing a sex act on Smith up against the counter, while several members of staff prepare food at the Castle Road Domino’s in Scarborough, North Yorkshire.
Hirst last month pleaded guilty to committing ‘an act outraging public decency by behaving in an indecent manner’ after the frisky pizza shop incident.
Smith, of Field Road, Bridlington, was found guilty of the same offence in his absence due to him being on remand for other offences.
The pair, who both appeared at court, were each handed a 12-month community order by Scarborough Magistrates’ following a 50-minute deliberation.
Chairman of the bench Charles Davis said: ‘Miss Hirst you pleaded guilty on the day of the trial.
‘Mr Smith you were found guilty in your absence for committing an act outraging public decency by behaving in an indecent manner.
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‘We have considered everything we have seen today and agree that you did not go into pizza shop with the intent of outraging public indecency.
‘We found there was no identified victim and the offence was committed impulsively in drink.
‘We do find it was a brazen offence committed in a public place over a prolonged period and in the presence of staff.
‘I must make it clear you were both very close to going to prison today.
‘You need to view this as a direct alternative to custody if you breach this expect to go to prison.’
The CCTV footage showed Hirst, of Gypsey Road, Bridlington, straddling a wet-floor sign before she is thrown in a sex position mid-air by Smith just before 11pm on February 25 while intoxicated.
The pair are then seen carrying out various sex acts largely shielded away from the camera in the corner of the takeaway shop.
North Yorkshire Police were first made aware of the footage by the media after it was posted on Twitter by a member of the Domino’s staff.
Scott McLoughlin, the couple’s solicitor, described the footage as ‘blatant but not as blatant as it could have been’.
Hirst’s previous convictions include a community order for theft and using threatening words and behaviour.
Smith’s previous convictions include drink driving, drugs offences and wounding.
Hirst was handed a 12-month community order, a curfew order to last 23 weeks, and ordered to pay a £85 surcharge.
Smith was handed a 12-month community order, a curfew order to last 23 weeks and 200 hours of unpaid work, and ordered to pay a £85 surcharge.