THINKING his ASBO was no longer in place after serving time in bars a man became abusive while drunk in the town centre.

Magistrates sitting in Swindon on Wednesday morning heard that 46-year-old Nicholas Davis of Whitehead Street had been found with a group of homeless people in the early hours of July 16 on Fleet Street.

Davis pleaded guilty to breaching his antisocial behaviour order (ASBO) by being drunk and using abusive language during the incident.

Crown prosecutor Nick Barr said that police had asked a group of homeless people to move on from the doorway of Wilkinsons at around 1.40am. "The defendant was described as being intoxicated, slurring his words and struggling on his feet," said Mr Barr. "It is suggested that he leaves the area but he remains and starts shouting that the police cannot move homeless people on. He then began swearing."

He was arrested for being drunk and disorderly six minutes later and upon investigation it was found that there has been an ASBO in place against him since March 6, 2009.

Davis was also before the court in April of this year facing a public order charge which saw magistrates impair a six month conditional discharge. He admitted that by committing this offence he had breached that discharge.

Defending him, Richard Williams told the court that his client believed the ASBO was no longer in place as he had served a prison sentence.

"From his mid teens he has been addicted to class A drugs and also alcohol," said Mr Williams. "Over recent years he has reduced dramatically both the alcohol and the drugs. He was at one stage injecting heroin and crack cocaine. He has stopped that completely now. At his worst he was drinking a combination of sherry and vodka mixed together. Again, he has reduced consumption of alcohol.

"One thing he is extremely proud of is his privately rented flat. For many years as a result of his addictions he was homeless and he sought shelter wherever he could. He feels that this is something positive in his life and he is desperate to abstain from drugs and alcohol."

Sentencing him, chairman of the bench Alison Auvray told him that he should be under no illusions that the ASBO remained in place. "If you break it again you are likely to be facing custody," she said. "We accept that this was very late at night, although there were members of the public around."

She imposed a six month community order during which he must complete 10 rehabilitation days. She also imposed a four week curfew to be monitored by an electronic tag which will see Davis remain indoors between 8pm and 6am.

She said: "We are hoping this order will give you an opportunity to get your life back on track and I don't think it needs saying that avoiding some of your old friends would be helpful to you."

He must also pay an £85 victim surcharge, but no award for coats was made due to his means.