Man breached CBO after just six months

Twenty-three-year-old was first in Thames Valley to be given new order

A NEWBURY man who was the first person in the Thames Valley to be given a Criminal Behaviour Order (CBO) has already broken it.

CBOs are a new police power introduced under the Anti-social Behaviour, Crime and Policing Act 2014, to replace Anti Social Behaviour Orders (ASBOs).

Danny Heap was just six months into the two-year order, which bans him from around 30 local hostelries, when he was caught trying to get in to three town centre pubs.

The 23-year-old, of St George’s Avenue, had previously been given a Newbury Pub Watch ban, but he persistently flouted it.

At the time the order was imposed last December, Stephen Collins, defending, said: “Although banned, he accepts he has ‘tried it on’ at various pubs, occasionally with success.”

Magistrate Nicola Buchanan-Dunlop warned Mr Heap: “If you break this order you will be arrested and could be sent to prison.”

However, last Thursday he was back in the dock at West Berkshire Magistrates’ Court.

Helen Waite, prosecuting, said police patrolling Newbury town centre at 11.20pm on a Saturday night saw Mr Heap being refused entry to the Diamond Tap in Cheap Street.

She added: “He then tried his luck at another venue and was again denied access.

“At that point the officers reminded him of the order and warned him if he tried to get into another pub he’d be arrested.”

Moments later, the court heard, they spotted Mr Heap go to the side entrance of the Catherine Wheel pub and go in.

He was duly arrested, said Ms Waite.

She went on: “He claimed he had just wanted to use the toilets. When officers pointed out there were public toilets open nearby, he got stroppy.”

Mr Heap, who has numerous previous convictions, admitted breaching a CBO on May 23 this year.

Mr Collins insisted his client had not intended to consume alcohol and had “needed the toilet desperately”.

He added: “He is in receipt of ESA (employment and support allowance) and has very little means.”

Magistrates fined Mr Heap £40 with a £180 criminal courts charge and statutory surcharge of £20.

They made no order for costs owing to Mr Heap’s limited means.