MAGISTRATES have turned down a bid to make a football banning order on a York City fan on North Yorkshire Police's football hooliganism watch list.

Matthew Nugent had been among a group of home fans causing an incident with away fans in the city centre following the Minstermen's 1-1 draw with Oldham Athletic on the August Bank Holiday, said Emily Hirst, prosecuting.

Defence solicitor Adam Henry said Nugent had been present with York City fans before the match when a stone had been thrown at the visiting team's bus, but he had not thrown the stone nor encouraged the stone throwing.

The prosecution made the football banning order application as the 27-year-old head chef for a national restaurant chain was being sentenced for assaulting a police emergency worker during the city centre incident.

York magistrates declined to make the order, saying although the offence was football related, it had been a very minor assault, Nugent had no previous convictions and there was no proof he was a football hooligan.

"In these circumstances it would not be just to make the order," they said.

Nugent, of Whernside Avenue, Tang Hall, pleaded guilty to assaulting a police officer emergency worker and was made subject to a 12-month community order with 80 hours' unpaid work. He must also pay a £114 statutory surcharge and £85 prosecution costs.

Ms Hirst said according to North Yorkshire Police's designated football officer, Nugent was one of the "York City risk group" of fans whom officers say could cause football-related disorder. Police had recorded 20 incidents involving Nugent in 10 years.

Mr Henry disputed two of the incidents, saying Nugent couldn't have been at one because he was working at the time and that another on a train had occurred when he was travelling by bus. The last of the incidents mentioned by police had been in 2018. He said Nugent had not been convicted of any offences relating to his behaviour at football matches.

Ms Hirst said after the York City v Oldham Athletic match police had received reports of anti-social behaviour between opposing fans. Groups of home and away fans were goading each other in Bridge Street.

They had made a dispersal order to make the fans leave the area.

When told of the order, Nugent had said: "I am not under arrest" and walked straight at the police officer raising his arms and pushing her over backwards with his body weight. He was then arrested by three officers on the ground. The police officer was bruised on her arm and hand which she put out to break her fall.

Mr Henry said a statement by a police officer other than the injured one did not mention her being pushed over by Nugent and said she had fallen during Nugent's arrest.