A HOMELESS alcoholic who was spotted in Burton town centre despite being ordered by police to leave following a drunken fight with a friend has been fined.
The dispersal order was made after an officer spotted Wayne Fotheringham, 41, of no fixed address, brawling with his friend Martin Palmer in the High Street at about 3.15pm on September 17.
Fotheringham was told not to return to the town centre for 48 hours although he was allowed to collect his benefits and a prescription from Asda the following day on the basis that he left the town via the most direct route.
But the next day both men were spotted on a bench opposite Burton Menswear outside Coopers Square, Emma Thompson, prosecuting, told Burton Magistrates’ Court.
She said: “The police officer who saw him also saw Martin Palmer.
“They were not causing further problems but he had not exited the town via the most direct route.
“He smelled of alcohol and with the co-defendant was taken to the police station.”
His defence solicitor, Neil O’Driscoll, said Fotheringham, who has 124 previous convictions, is ‘no stranger’ to the court but added that his offending has ‘reduced from what it was’.
Mr O’Driscoll said: “My client asked the officer if he could collect his prescription and get his dole money.
“The officer said he could come in but that he should do his business and then go straight home.
“But we have heard he was seen in the street.
“He was fully compliant, he was not causing any nuisance and did not even need to be handcuffed but he was in breach of the notice.”
The court was also told that Fotheringham still owed £185 from previous offences.
For breaching his order, Fotheringham was ordered to pay a £35 fine, court costs of £85 and a victim surcharge of £20.
This will be paid from his fines account.