A COUPLE and their son were attacked when trouble erupted after a man "mooned" on the counter in a Chinese restaurant.

Burnley Crown Court heard how brothers labourer Steven Simpson, 20 and John Simpson, 21, out celebrating his release from custody, were both involved in the "street brawl," but did not start it.

None of the complainants' injuries could be attributed to the defendants.

Sentencing, Judge Gillian Ruaux said if either of the Simpsons had kicked anybody on the ground, they would have gone to jail.

She went on: "This is an unusual case in my judgement. The best way to repay your debt to society is to make you work for them. I am going to give both of you a chance."

Steven Simpson, of Lanark Street, and John Simpson, of Westbourne Avenue, both Burnley, admitted affray. They were each given 180 hours community punishment and must pay £175 costs.

Bob Elias, prosecuting, said Kenneth Berry, his wife and son, Kenneth junior were on their way home from a night out at Rosegrove Unity Workingmen's Club, Burnley.

They went to a Chinese takeaway and one of the defendants' associates got on the counter, dropped his trousers and "mooned." at the Berrys. The family was rather incensed and as they were walking home Steven Simpson accosted Mr Berry senior.

A fight broke out with punches being swung. Mr Berry went to the ground, was injured by a number of people, and John Simpson was also involved. Mr Berry suffered a cut head, bruises and swelling.

Mr Elias said Kenneth Berry junior saw his father being attacked and went to his rescue. Steven Simpson and another man started to punch him in the head and ribs and he ended up on the ground. Mr Berry saw John Simpson hit his mother with a beer can

Mr Elias went on: "This was a brawl in the street where a reasonable beating was meted out, in particular to the elder of the victims. Somebody else threw a bicycle at him but it was not suggested it was the defendants."

For John Simpson, Tim Ashmole said he should not have got involved. He saw a member of his family being assaulted and acted inappropriately. The violence was started by somebody else.

Philip Holden, defending Steven Simpson, said he had been in his house and heard his brother shouting.

He saw his brother being taken hold of by a complainant and intervened. The defendant accepted going over the top and delivering a number of blows.