A BANNED man was caught out in Hereford with an open can of lager, despite being made subject to a criminal behaviour order, a court has heard.

Raimonds Debenko entered a guilty plea to one count of breaching a criminal behaviour order when he appeared before magistrates in Hereford in December.

The 33-year-old had been made subject to the two-year order, which bans him from parts of Hereford, possessing open alcohol containers in a public place, and behaving in an antisocial manner, by magistrates in Hereford in October.

But, prosecutor Mark Hambling said, Debenko had been caught carrying an open can of Stella lager in Hereford's High Town on November 8, in breach of the order.

He had also been seen in Eign Gate, which he is prohibited from entering by the order, on November 11, Mr Hambling said.

Debenko was arrested and interviewed by police, admitting that he had been holding a can of Stella and had been drinking it on November 8 and that he had been in Eign Gate on November 11.

"He is a lucky lad, because there should be two charges here, but I am not going to make an issue of that," Mr Hambling said, telling the court that the breaches had been minor.

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Debenko's solicitor said there were no aggravating features to the offence and that Debenko had not been behaving in a disorderly manner when he was seen.

"He was simply walking where he should not be with an open can," he said.

"There was some confusion as to which area was covered by the order, and in fairness to him we have not had a copy of the original order today, but that has not stopped him from entering his plea."

The court heard the order and its restrictions have now been explained again to Debenko.

Debenko, who is of Pomona Place, Hereford, was fined £40 for the offence and must pay a £16 victim surcharge. No costs were ordered due to his lack of means.

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