Colne takeaway fracas ends in court

Burnley Magistrates Court.
Burnley Magistrates Court.
Share this article

A Colne takeaway driver was punched in the face twice by a “drunken” customer after he tried to get behind the counter, a court heard.

Alan Gibson suffered pain and bruising after the early hours trouble at Al Pacino on Market Street.

His attacker, 25-year-old James Lyam McGarvey, had been argumentative with members of staff, claiming he had ordered a kebab when he hadn’t.

Burnley magistrates were told McGarvey didn’t really remember the incident so couldn’t say much about it. It would have been recorded on the pizza house’s CCTV - if the defendant had not picked up the remote control and flung it when staff were trying to switch it on.

McGarvey was at the time working in a pub. He told the bench: “I was going out and drinking a lot. It was expected of you.”

The defendant, of Linden Court, Earby, admitted assault by beating, on November 28th.

He was given an 18 month community order, with 100 hours unpaid work and must pay £60 compensation, £85 costs and a £60 victim surcharge.

Mr Andrew Robinson (prosecuting), said the victim had just returned to the takeaway and saw staff trying to calm the defendant down.

He went to try and put the counter back down down as McGarvey tried to get behind it and was punched in the left side of the face.

The defendant then lunged towards him again and hit him a second time.

Mr Gibson told police the defendant needed to learn from his actions.

The victim added: “He can’t just assault people when he’s drunk and get away with it.”

The hearing was told McGarvey had a previous conviction for drunk and disorderly and was convicted of drink-driving in February.

McGarvey, who claimed his house keys had been taken behind the counter, was asked if he remembered anything about the incident, to which he replied: “Not really, no.”