Oxford United says it will almost certainly ban a fan who yelled abuse and spat three times at an opposition player after a home game against Swansea City last year.

David Payne blamed drink for his outburst

David Payne, pleaded guilty at Oxford Magistrates Court of using threatening language or behaviour towards Swansea City player Lee Trundle after a mid-week game against United on December 8.

The court heard that Payne, 24, of Bulan Road, Headington, Oxford, had been invited to a hospitality box at the Kassam Stadium by his then employers BMW. When the game finished he stood directly above the players' tunnel.

Television footage -- which showed showing Payne shouting and gesturing at Mr Trundle and spitting in his direction three times as he he walked down the tunnel -- was played in court.

Payne, who said he watched Oxford United 10-15 times a season, was ordered to pay a £100 fine and £50 costs.

But magistrates decided not to ban him from league and international matches because they felt the minimum statutory ban of three years was too severe.

Brenda Ross said: "Our assessment is that a three-year ban is a disproportionate punishment. Had we been able to make a lesser ban, we would have.

"But we want to make it absolutely clear that spitting at football matches is totally unacceptable."

Following the court case, Oxford United club secretary Mick Brown told the Oxford Mail he was disappointed the court did not impose a ban on Payne.

He said: "That behaviour is totally unacceptable at the Kassam Stadium and in football generally.

"I will be discussing this issue with the police in the very near future and I would think that almost certainly we will be issuing a club ban." Swansea City chairman Hugh Jenkins said it was disappointing that players had to deal with such behaviour.

He said: "It's regrettable that the incident took place.

"It is the last thing you wish to see, not only in football but in sport in general. I am surprised that the courts have taken such a lenient view of it."

Caroline Hitchcock, prosecuting, said that in police interview Payne admitted to drinking between five and six pints of lager. He told police he was feeling 'merry' when the incident took place.

She said: "He saw Lee Trundle and thought he said something to him, so he started shouting back."

Ms Hitchcock said Payne told police: "I knew he weren't going to come up and start fighting, and that (spitting) was the only thing I could do from that position."

She added: "He aimed his spit at Trundle because he said: 'He has got a sort of arrogance about him.'"

Payne apologised to police in the interview and said he would be 'wound up and disgusted' if someone spat at him.

Following the incident Payne was dismissed from BMW.

Bhavin Patel, defending, said: "He is a man of previous good character and this is his first offence.

"It very much appears to be a one-off incident, fuelled by alcohol. No matter how much alcohol he has he will not be acting in this fashion again. It has been brought home to him that this is unacceptable."

Two other men were charged with disorder offences at the Oxford United-Swansea City match on December 8.

Andrew Brown, 39, of Bosley Orchard, Didcot, was convicted of disorderly conduct on June 13 at Didcot Magistrate's Court. He was fined £400 and ordered to pay £55 costs.

Nigel Callahan, 40, also of Bulan Road, is due to appear for trial at Oxford Crown Court on July 22, charged with racially aggravated disorderly conduct.