A "MOUTHY" concrete sprayer kicked out at a police officer and threatened to bite his face.

Burnley magistrates heard how drunken father-of-three, Andrew Smith, 35, refused to leave his girlfriend's home and had to be restrained. His victim, PC Brian Pepper suffered a sore and bruised arm.

Smith, of St Mary's Avenue, Barnoldswick, was sent to prison for eight weeks, after magistrates said he deserved a short, sharp shock. Magistrates told him assaults on police officers could not be condoned under any circumstances and he had a history of police assault going back a number of years. Only custody could be justified.

Smith admitted assaulting a police officer on June 1.

Zabeda Maqsood, prosecuting, said police found the defendant agitated and drunk and he refused to leave the house. He was abusive and an officer tried to restrain him. After Smith had gone upstairs, PC Pepper went up to help his colleague and the defendant kicked out twice at the officer's face. PC Pepper was able to deflect the blows and suffered an injured arm.

Miss Maqsood said Smith was forced to the floor, restrained and handcuffed. He continued to struggle and be abusive and shouted to the officer: "I'm going to bite your face."

Graeme Tindall, defending, said Smith had a lengthy record. When he had been out drinking with his friends, he was "mouthy." Smith, a self-employed concrete sprayer working on a sub-contract basis, could earn between £500 and £600 a week. He disputed he deliberately aimed kicks at the officer's head. PC Pepper had been on the stairs and Smith kicked out recklessly.

Mr Tindall said Smith didn't think he had a drink problem. When the defendant was working, he worked away seven days a week. When he returned home, he would have "one day out" with his friends and did drink to excess.

Smith had gone home the worse for drink and he and his girlfriend did have a verbal disagreement. She mentioned she would call the police. The defendant tossed his mobile phone to her, calling her bluff and she did contact police.

Mr Tindall went on: "He regrets his behaviour and is sorry for any injuries caused to the officer. If he is sent to prison, it would take away the main means of support for his family."

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