A YORK MAN will spend New Year's Eve and the rest of the festive season confined to his home under a nightly curfew because he glassed a disc jockey in a city nightclub.

Deputy district judge Andrew Pascoe told Morien Gavin Evans he should spend his evenings reflecting over the fact that he could have been spending Christmas in a prison cell for his crime, instead of within his own four walls.

Evans, 23, threw a drink into Scott Atkinson's face, and smashed a glass on his forehead at The Gallery nightclub in the early hours of August 3, Martin Butterworth, prosecuting, told York Magistrates Court.

The attack left disc jockey Mr Atkinson in a lot of pain and with a deep cut on his forehead which needed stitching at hospital.

Evans started the incident by asking Mr Atkinson for a cigarette, and when that was refused, tried taking the disc jockey's cigarette.

Shortly afterwards, while Mr Atkinson was talking to another man, someone tapped him on the back of his head and messed his hair.

Despite Mr Atkinson telling him to "pack it in", Evans tried to get the disc jockey's glass before throwing a drink in his face.

Evans, of Queens Anne Road, Bootham, pleaded guilty to causing actual bodily harm.

The district judge ordered him to do 180 hours' community punishment, put him under a curfew from 8pm to 7am daily until January 31, and made him pay £250 compensation to Mr Atkinson and £50 prosecution costs within 14 days.

Mr Butterworth told the court that Mr Atkinson was so angry about Evans's behaviour that after the glassing, he grabbed him so he could not get away, and the two men scuffled before door staff arrived and took charge of Evans.

For Evans, Jackie Knights said he had saved £695 towards compensation and prosecution costs since the case first appeared before a court several weeks ago.

He had wholly changed his behaviour since the incident in August, reduced his alcohol intake, and only went into town under certain very strict conditions. She handed in a character reference from his employer.

The district judge took into account that Evans had no previous convictions, had pleaded guilty and had saved up money for compensation.

Updated: 10:13 Thursday, December 02, 2004