A FLEETWOOD fan who brandished a smoke flare at the game against Accrington has escaped a football banning order.

After hearing Josh Phealan had no previous convictions and there was no police intelligence of involvement in football disorder the magistrates ruled it had been an isolated incident.

Phealan, 20, of Walnut Road, Partington, Manchester, pleaded guilty to possessing a flare during a sporting event.

He was fined £190 with £85 costs and £30 victim surcharge.

Tracy Yates, prosecuting, said the game between Accrington and Fleetwood was played on March 30.

In the second half Phealan was seen setting off a flare and then waving it above his head. He put it down but then picked it up again and waved it again.

"It was not a brief incident," said Mrs Yates.

Richard Prew, defending, said his client was a young man who had no previous convictions.

"There is no suggestion of any intelligence that he has ever been involved in any football violence or incident of a like nature," said Mr Prew.

"He was passed the flare at half-time and did not take it into the ground. It doesn't appear anyone was harmed by this and in my submission the test for a football banning order has not been passed."