A FORMER Burnley BNP councillor who flouted a football banning order has escaped being given another ban.

Burnley magistrates heard how gas engineer Luke Smith, 22, did not visit the town's police station as required on the day of the Euro 2004 England v France match.

He later told officers he had "pulled a bird" the night before and had been with her. Smith's solicitor told the court the defendant had had a lot to drink on the day of the game and had nodded off.

He had not only failed to sign on at the police station but had missed the match on television. Smith turned up at the police station the following day and apologised.

The defendant was fined £50, with £50 costs by the bench, who said they accepted his explanation he had fallen asleep, but went to report to police the next day.

The justices had been obliged to consider a further three-year banning order, but did not make one.

Peter Wild, prosecuting, told the court Smith was made subject of the banning order on April 16 and has to sign on when England play away. On June 2 a police sergeant visited his home to remind him of his responsibilities. He spoke to Smith's father and left a letter instructing the defendant to follow the order.

Two days later the officer saw the defendant, reminded him to surrender his passport by June 7 and told him to report to police on June 13, 17 and 21. Smith failed to sign on as required between 5pm and 8pm on June 13.

He was arrested and admitted he had received warning letters.

Trevor Grice, defending, said there was nothing sinister in the offence.

Smith had not breached the order before, had fully intended to comply with it and had pleaded guilty at the first opportunity.

He had gone out at lunchtime on the day of the England game, had a lot to drink and intended to go home and freshen up. He fell asleep and missed the game.

The next day he went voluntarily to the police station, was asked to go back the day after and was interviewed and admitted the offence.