AN "unpredictable" drug addict-turned-alcoholic wanted an anti social behaviour order binned - so he could drink in his back garden at barbecues.
But Ryan Anderson, 28, who is banned from Bacup town centre at night, was told he could do that anyway as his garden is not a public place.
Burnley magistrates varied his order anyway after hearing the ASBO had helped Anderson turn over a new leaf.
But the only prohibition removed was one that stopped him carrying a knife - which is against the law anyway.
Anderson, now of Devonshire Road, Burnley, was made subject of the three year order in January 2004 and, the court heard, he admitted it had worked and made him change his ways.
The court was told Anderson, a former heroin addict, had now moved out of Bacup and although he had kicked his drug habit he had got a drink problem instead.
He had wanted one prohibition of the ASBO, banning him having alcohol in a street or outdoor public place, removed so he could drink at a barbecue in his back garden.
But the hearing was told his garden was not public so he could do that anyway.
District Judge Peter Ward, who said he was not surprised the ASBO had been made, told the court although Anderson's offending had tailed off, he had recently broken a window at McDonald's. Anderson's behaviour could still be described as unpredictable, he added.
The court had been told the ASBO had been made because it was earlier found Anderson had acted in an anti-social manner by using an offensive weapon, being drunk and disorderly in public, using threatening words and behaviour and causing criminal damage.
Lancashire Police opposed his application to have the ASB0 discharged.
Under the order, Anderson is banned from drinking in the street or outdoor public places, and entering licensed premises in the Rossendale Pub Watch Scheme or shops in the Clean Up Rossendale East Scheme.
He must also not use or incite others to use threatening, insulting, abusive or intimidating language or behaviour.
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