‘Nuisance’ man banned from Ashford High Street for three years returns days later
Published: 05:00, 04 October 2024
Updated: 12:33, 04 October 2024
A “nuisance” man banned from a high street for three years for his repeated drunken behaviour returned there just days later.
Frank Smith breached his Criminal Behaviour Order (CBO) when he was found in the bandstand area of Ashford town centre by police.
The 55-year-old had been given the court order after ignoring several warnings over excessive alcohol consumption in public and being part of large groups.
Smith was also convicted of affray in February and admitted to common assault and harassment in July following an incident at Tesco Express in the town.
He was issued community protection notices (CPNs) by police because of his unruly behaviour. These banned him from drinking alcohol in the town centre and from being rude and abusive.
But he breached the notices when he was arrested on September 4.
Police then successfully applied for the CBO, which came into effect on September 19. It prohibits him from being drunk in any public place, from having an open container of alcohol and from being in a group of more than three people.
He was also ordered to engage in an alcohol rehabilitation programme.
However, on Thursday, September 26, officers spotted Smith, who is from the Ashford area, within the banned area of the town. He was arrested and hauled before magistrates in Folkestone the following morning.
Victoria Aked, prosecuting, said: “He was seen in the high street near the bandstand by police who cautioned him about being there and he told them he was allowed to be there near the bandstand.
“He has previous convictions and it was only days ago the CBO came into effect.”
Magistrates were told Smith’s alcohol and drug use was being monitored by probation and that when he was found by the police he had not caused any real trouble.
The bench also heard he was complying with the community order he was on and had not breached any of the requirements of it.
Magistrates decided to fine Smith £340 for the offence and ordered he pay a victim surcharge of £16. However, they said he would not have to pay the amounts as they would deem it paid for the time he had spent in custody at the police station before he was brought to the court.
When Smith’s CBO was issued, PC Chris Green from Kent Police said: “Everyone has the right to feel safe while out and about in their community and antisocial behaviour is at odds with that, making life miserable for the people who experience it.
“We will use all the powers we have to stamp out antisocial behaviour and to prevent members of the public from being intimidated by offenders.
“Smith ignored all the warnings given to him and opportunities he had to change, persisting in nuisance behaviour that was affecting residents, visitors and businesses in Ashford.
“I’m very pleased that we have succeeded in obtaining the CBO, making it clear that this conduct will not be tolerated.
“I would encourage anyone experiencing antisocial behaviour to report it to us so that robust action can be taken.”
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KentOnline Court Reporter