A HOMELESS Kendal alcoholic has lost his bid to overturn a Criminal Behaviour Order (CBO) imposed to curb his drunken offending and protect the public.

Heavily convicted Liam Steven James Christian's latest brush with the law occurred on the evening of April 24 outside Bargain Booze on Highgate.

Christian, 23, was "very drunk", "agitated" and asked a male passer-by: "What's your problem?"

After being ignored he followed the man into the shop, made further comments and "went towards" him. Anticipating an attack, the man grabbed Christian to move him on, resulting in the pair falling to the floor and scuffling in the street. The man, who suffered scratches and grazing, informed police and Christian was arrested.

He admitted assault and, in May, was given a two-year CBO by magistrates with two strict conditions. One banned him from being drunk in public, and the other prohibited him from having an open alcohol container in public.

His appeal against the CBO was heard at Carlisle Crown Court today. Brendan Burke, prosecuting, spoke of Christian's "drunken nuisance offending, which is escalating such that it is of concern to the local police".

Seven of his previous 51 previous crimes were alcohol related.

In mitigation Chris Evans said Christian had been abusing - and dependant upon - alcohol for some time, and was homeless. "With all these problems he is literally being set up to fail," said Mr Evans of the CBO. Although it was envisaged the order would help to prevent further offending, Mr Evans added: "If anything it pushes him into a very precarious position."

Speaking over a video link from custody, Christian suggested homelessness may not leave him with any alternative other than to drink in public. "It's hard when you're on the streets," he said.

"I am working with the drug and alcohol people (in prison), so hopefully I can try and stop. I think it would be more helpful if I was put on a drug and alcohol course in the community."

Ruling on the appeal, Recorder Peter Atherton spoke of a "difficult" and "finely balanced case". But, dismissing Christian's appeal, he concluded: "This order must stand in the hope that it does assist him; more importantly in the hope that it protects members of the public from his intimidating behaviours."