Lavington man told barman he was 'silly' before punching him to his left cheek

He opened his mouth, but the words, too, came out a bit wobbly.

The SS&A Club barman, aged just 18, did the right thing, Albury Local Court has heard, and refused to get Wishart another ale.

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"I can't serve you," he told the 50-year-old (who turned 51 four days later), "you've had too much to drink."

In reply, the Lavington man told the barman - it was 12.30am on November 26 - "you're being silly".

Police said the barman stuck to what was required of him under the NSW government's responsible service of alcohol laws, while also trying to keep the peace.

"I apologise," he told Wishart, "but I can't serve you."

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Wishart leant back slightly, lifted an arm and threw a punch at the victim that collected him on his left cheek.

The victim immediately walked away, as security guards from the club moved in, grabbed Wishart and escorted him out of the building.

Wishart, of Sutherland Street, had arrived at the club the previous evening about 10 o'clock.

Shortly before he unleashed his violence, magistrate Sally McLaughlin was told, the victim saw Wishart enter the club's The Studio bar.

The teenager, on reporting the crime at Albury police station the same day at 4pm, said he immediately noticed Wishart's "wobbly" way of walking.

Wishart pleaded guilty to common assault and was placed on a six-month community corrections order.

He was also convicted and fined $480.

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