PEARSE FLYNN, the Livingston chairman, last night warned that his club could launch a legal challenge if the Scottish Premier League granted promotion to St Mirren without undersoil heating being installed at Love Street.

The Paisley club, who yesterday received good news when a sponsor offered to pay half of a GBP12,500 fine from the Scottish Football Association, could win the Bell's League first division championship this weekend if they beat Hamilton and other results go in their favour.

They plan to sell their current ground and move to a new stadium in the summer of next year, but have asked the SPL for permission to play at Love Street until then, despite their home not possessing the requisite under-soil heating.

St Mirren argue they should not be forced into a GBP150,000 outlay for a system that would be torn out after one season.

The SPL have asked them to provide more information before their board can come to a decision but Flynn has said Livingston would contest any bending of the rules.

The Almondvale club were involved in last summer's relegation wrangle when they were eventually fined GBP15,000 over the Hassan Kachloul registration affair as Dundee claimed Livingston should be demoted in their place.

Flynn's club are nine points adrift at the foot of the Bank of Scotland Premierleague and, while he is not conceding they will finish the season there, he is monitoring the St Mirren case.

"We are keeping a close eye on it, " he told The Herald. "I genuinely hope there is not another circus this summer, especially after our experience of being in the main ring last year.

"But the SPL did us on the rules last season so if they don't go by the rules this time, and we were to finish bottom, then I would look after the best interests of Livingston Football Club.

"I am on record as saying that I believe promotion and relegation to be essential in a healthy league. If St Mirren install under-soil heating and are promoted in our place then good luck to them. We'll suck it up and move on.

"But if the SPL bend the rules then we'd contest it. I've joked about it being better to employ lawyers rather than players in this league and the last thing the SPL needs is another summer of legal action."

The past three seasons have witnessed wrangles over relegation, but Stewart Gilmour, the St Mirren chairman, has indicated his club would pay the six-figure sum if forced to do so. Gilmour said he understood Flynn's position, but remains hopeful of a positive ruling from the SPL.

Of more immediate financial concern was the decision by sponsors Phoenix to pay GBP6,250 towards an SFA fine - reduced from GBP25,000 on appeal this week - for not including enough under-21 players in a Tennent's Scottish Cup tie with Spartans.

St Mirren remain angry at the punishment but will not pursue any further legal route.

"John McGuire of Phoenix car company, our sponsors, has offered to pay half the fine and that has probably saved the day from anything drastic happening at the club, " said Gilmour.

"John couldn't believe the severity of the punishment and wanted to help. It's a brilliant gesture. We're still a bit sore about it, but effectively it's at an end."

Flynn, meanwhile, praised the work done by John Robertson since he replaced Paul Lambert as Livingston manager, but is keenly aware that points must be gathered quickly if they are to have any chance of reeling in Falkirk or Dunfermline in the closing seven SPL matches.

"My view is that we've got to try and get four points before the split, but we are up against two very motivated teams in Inverness and Motherwell who are both trying to reach to top six, " said the Almondvale chairman.

"We are not giving up and I think if anyone counts us out they could end up being surprised. But we need a break."

Flynn's Lionheart consortium took control of Livingston after the club was placed into administration in 2004 and he is under no illusions about the potential impact of relegation.

"John [Robertson] won't even speak about the possibility and I like that, " said Flynn. "But, as a business person, I have to look at every eventuality. Everyone in the bottom three will be doing that.

"There is a 50-per cent drop in revenues if you go out of the SPL and, just as in any other business, you can imagine what has to happen."