THE first man to be prosecuted for drinking within Blackburn's alcohol-free zone appeared in court yesterday -- and was spotted swigging from a bottle of sherry in the street outside just minutes after the case.

Anthony Seamus Smith, 21, pleaded guilty to breaching drinking laws in the town and received a conditional discharge from the bench after magistrates were told that their punishment options were limited.

The court heard the offence carries a fine or some form of discharge but that unemployed Smith already owed the court more than £330.

Today police admitted they were disappointed with the result of the case and said they are now considering imposing anti-social behaviour orders on people who drink on the street.

A spokesperson went on: "This is disappointing, and some people might be tempted to think: Why bother? But we are looking at several initiatives to deal with the problem on the Boulevard in particular."

Traders also expressed their concern.

Ronnie O'Keefe, chairman of Blackburn Chamber of Trade, agreed the situation was a farce.

He said: "If the law is being seen as not being effective there's a danger it might put the police off prosecuting and taking on all the paperwork they have to do. They'll feel let down.

"What we need for visitors is a clean, safe area which is welcoming for people.

"This is the first time someone has been in court and it's been thrown back in the police's face."

Canon Andrew Hindley, Canon Sacrist at Blackburn Cathedral which fronts the Boulevard, agreed.

He said: "Perhaps we need to look at whether we should be reviewing the powers magistrates have in cases like this.

"Certainly the police and the wardens when they arrive must ensure that these people are continually moved on. We must make life uncomfortable for them and keep the pressure up.

"We don't want to be intolerant of people but at the same time people must abide by the rules of society.

"Perhaps eventually we do need to look at taking away their liberty or some other form of sanction."

The magistrates' guidelines suggest that all financial punishments should be payable within a "reasonable" period of time.

Smith is repaying his at the normal rate for someone who is not working of £4 a week which means he is already committed until April 2004.

Smith, of Dover Close, Blackburn, pleaded guilty to failing to comply with a police officer's requirement to surrender liquor.

Lee Bonner, prosecuting, said Smith was seen at 12.48 pm on Wednesday, August 28, in Ainsworth Street, Blackburn, which is part of the designated area covered by the drinking ban.

PC Andy Maltman then saw Smith with three other men near the three day market. One of the men was holding a plastic cup and PC Maltman clearly saw Smith pour from a wine bottle into the cup.

When he saw the officer approaching Smith hid the bottle under his coat and when the officer told him to hand it over.

Smith denied having a bottle. He was warned that if he did not hand it over he would be arrested and replied "What bottle?"

Daniel King, defending, said the offence under Section 12 of the Criminal Justice and Police Act 2001 was a new one.

"As far as I am aware this is the first prosecution to be brought in this area," said Mr King.

He said Smith accepted he had a drink problem and on occasions came in to the town centre to drink with friends.

"That is what happened on this day and he can't remember exactly what PC Maltman said," said Mr King. "He accepts that he must have refused to hand over the wine and he apologises."

Mr King said sentencing would be a difficult exercise.

"You are limited to a fine or some form of discharge and my client already owes the court a large amount in fines," he said.

After the hearing Smith was met on the court steps by three friends who were drinking from bottles of sherry.

Smith was then pictured, within five minutes of his case being concluded, sitting across from the court with a bottle of sherry.

One of the friends, Lee Craig, said nothing had happened that would stop them drinking in the town centre.

Another, Francis Gallagher, said: "You can't stop an alcoholic drinking."