Drunk threatened taxi driver and told him “you don’t belong in North Wingfield, it’s mine”

James Leighton, 39, uttered the bigoted comment when told he would have to take cash from a machine to pay as a card reader was unavailable.

Chesterfield Magistrates Court heard how on January 1 around 5pm Leighton was picked up at a Clay Cross pub and taken to North Wingfield.

Prosecutor Alexis Mercer said: “The taxi driver offered to drive him to a cash point as he did not have a card reader.

“The defendant then said ‘you don’t belong in this country’. The complainant was shocked by this.”

Leighton also told the driver “you don’t belong in North Wingfield. It’s mine, it's not yours, it’s everybody’s who lives here”, said Ms Mercer.

After being ushered out of the taxi to get cash at a shop Leighton emerged from the store without any money at which point the taxi driver called police, the court heard.

Ms Mercer told how as they waited for police Leighton told the driver - who was forced to push him away several times - “I’m going to smash your head in”.

After Leighton’s arrest he told police he had drunk four to five pints - which “can affect his behaviour”. He denied making racist comments, adding: “I would never say that.”

Georgia Collins, his solicitor, said: “On reflection he is remorseful - he knows his actions were inappropriate.”

Ms Collins said Leighton had suffered the loss of his sister and nephews in a 2013 house fire but had sought help with his drinking problem through Derbyshire Recovery Partnership.

Leighton, of Sheffield Road, Chesterfield, admitted using racially-aggravated words and making off without payment.

District Judge Andrew Davison told him: “This is a mean offence - he was a taxi driver who just happens to have a different culture or religion to you.

“Whether you regard yourself as a racist when sober is irrelevant - if you cannot control yourself don’t get taxis, it’s as simple as that.”

Leighton was jailed for 12 weeks suspended for 12 months, handed an alcohol monitoring requirement and 25 rehabilitation activity days.

He was ordered to pay £208 compensation, £85 court costs and a £95 victim surcharge.