A 46-YEAR-OLD man who complained about a noisy neighbour had beer poured on him and was then vomited on from an upstairs window.

Blackburn magistrates heard Ian Anthony Keegan eventually snapped and assaulted the man who had vomitted on him.

The court heard Keegan made homophobic comments towards the victim but after hearing details the magistrates said there should only be a minimal lift in the sentence because of the aggravating factor.

Keegan, of Vale Street, Blackburn, pleaded guilty to assaulting Liam Tofts and assaulting shopkeeper Nabil Adil on a separate occasion. He was remanded on bail for the preparation of a pre-sentence report.

Neil White, prosecuting, said Mr Tofts lived in a first floor flat with his partner, Luke Swarbrick.

An elderly female friend of the defendant's, who he called aunty, lived downstairs "Mr Tofts and his partner have been warned about their anti-social behaviour in relation to loud music and parties at their address," said Mr White.

"When you hear some of the background you may have some sympathy for the defendant."

He said on a day prior to the incident Mr Tofts was having a party and Mr Keegan, who was visiting his friend, shouted up for them to keep the noise down. Someone poured beer on his head and then Mr Tofts vomited all over him.

"Mr Tofts said to police that since that day the defendant had taken a dislike to them," said Mr White. "It is perhaps not hard to understand why."

On December 19, Mr Tofts was in his flat when Keegan came to the door and pushed his way in. He said he had had enough of the noise and made homophobic comments before punching the other man.

The assault on shopkeeper Nabil Adil happened because Keegan didn't think he should pay 5p for a carrier bag. He became abusive and then picked up a calculator and threw it at Mr Adil, hitting him on the nose.

Peter King, defending, said Mr Tofts and his partner had lots of visitors, lots of parties and played loud music.

"There has been too much noise an unsocial hours and this has caused the lady downstairs and other people living locally to seek the assistance of the local authority," said Mr King.

He said on the day of the assault Keegan was doing some gardening for his "aunty" in the afternoon and felt the need to go and speak to the occupants of the upstairs flat.

"He was asked what it had to do with him and this got his gander," said Mr King. "He accepts he used unnecessary language and that this was derogatory but his approach to Mr Tofts was not because of his sexuality."