A BANNED Clarets fan spotted by police on Turf Moor has been warned by a magistrate to stay away from the ground - or face jail.

Lee Smith, 21, subject of a football banning order, had fallen to temptation when offered a free ticket for the Burnley versus Millwall game on October 25, Burnley magistrates heard.

His solicitor said he had not misbehaved in the ground and claimed the courts, police and Crown Prosecution Service were losing sight of the purpose of football legislation.

Chairman of the bench, Michael Green, declared himself a Burnley supporter and told the defendant: "We cannot tolerate the misbehaviour of spectators either here or anywhere else within the football league. Steer clear of Turf Moor before and after a match and any other football ground as well."

Mr Green told Smith he had committed a very serious offence and had blatantly flouted a court order. He added the defendant had two previous convictions related to football.

The bench, who had been urged to extend the three-year banning order, said it was not doing so. Nor was it making a new order.

Smith, of Romney Avenue, Burnley, admitted breaching a football banning order. He was fined £600, with £55 costs.

Mercedah Jabbari, prosecuting, said police had mounted Operation Fixture, targeting Burnley supporters responsible for violence before, during or after a match.

An officer in plain clothes was in the Jimmy McIlroy stand and saw the defendant who he knew was banned from matches until January 2005.

When Smith was confronted, he said: "It's the first time I have been in." He was arrested and taken to the police station.

Miss Jabbari told the court police were concerned Smith would carry on going to football matches. Dylan Bradshaw, defending, said Smith had been leaving the ground of his own volition when seen by police.