This man is accused of being a nuisance neighbour, yet he may avoid eviction if his lawyers can prove alcoholism is a disability

A MAN accused of annoying his neighbours by playing loud music has temporarily escaped eviction after his lawyers argued he is addicted to alcohol and could therefore be classed as disabled.

Lawyers acting for Vincent O'Halloran, 34, have been given more time to prepare their case after arguing before a county court judge that evicting him could therefore constitute discrimination.

Mr O'Halloran faces being thrown out of his flat in Milverton Court, Park North, for playing loud music and being abusive to fellow residents.

He appeared before Swindon county court after Swindon Council applied for an outright possession order leading to eviction, and an Anti-Social Behaviour Order excluding him from the block.

William Rolt, representing Mr O'Halloran, called for an adjournment. He said he needed time to gather medical evidence, and to establish whether alcoholism is a disability.

He argued that if it is, Mr O'Halloran would be protected by the Disability Discrimination Act, 1995.

Mr O'Halloran was arrested last month for breaching a court injunction, obtained by Swindon Council in March this year, which banned him from playing loud music.

The court heard how Mr O'Halloran's behaviour became worse when he had been drinking.

Borough solicitor, Francis Maples, said: "Mr O'Halloran's neighbours have been finding it difficult to cope with his noise.

"There are people living nearby who need to get up early and go to work. There is clearly a problem for people who want to get to sleep early."

But Mr Rolt said: "There is the argument that the council has discriminated against my client. I don't think the council has given consideration at all to the Disability Discrimination Act. Nobody has considered it.

"I'm quite willing to acknowledge that Mr O'Halloran has an alcohol dependency and that he can become out of control because of it.

"He has said he will seek his doctor's assistance with his alcohol addiction. He has understood the errors of his ways."

WPC Louise Penny, of Swindon Police, was one of the arresting officers on May 16 when Mr O'Halloran is said to have breached the injunction.

She said: "He was considerably drunk. He showed contempt towards us and the neighbours, like it was a big joke and something he kept laughing about."

Judge Charles Wade adjourned the trial to the first available date after June 30.

In that period Mr O'Halloran must supply medical evidence and a formal written defence.

The judge also ordered that Mr O'Halloran should give up his stereo and not use his radio or TV between 10pm and 7am.

Milverton Court caretaker Tom Kirk has agreed to look after the stereo.

Judge Wade added: "In the unhappy event that there are any breaches I would like them to be brought before me."

After the proceedings on Wednesday, Mr Kirk said he was disappointed.

"It's a shame it wasn't sorted out there and then but I suppose every man deserves a fair crack of the whip at trial," he said.

"Mr O'Halloran used to play his music at any time, day or night. It would just go thump, thump, thump.

"I get on with everyone here but it just takes one to start causing problems for there to be bad feeling."

The Disability Rights Commissionsaid alcohol addiction should not be classed as a disability.

DRC spokeswoman, Alyson Rose, said: "Alcoholism is not classed as a disability under the Act as it is considered a self-inflicted condition."