AN HIV-POSITIVE businessman who had sex with a 15-year-old boy has avoided being sent to jail.

Preston Crown Court heard that Michael Fielder, of Winnington Lane, Northwich, committed the offence at the Mardi Gras Hotel in Blackpool, one of a number of Fielder's business interests, in 2000 and that he was HIV positive at the time.

The 51-year-old was given six months prison, suspended for two years, by Judge Andrew Gilbart QC who found exceptional circumstances not to send him to jail immediately.

He was told a medical report stated an immediate custodial sentence would cause an immediate decline in the defendant's immune system.

Fielder pleaded guilty to a serious sexual offence. A charge that had alleged grievous bodily harm by infecting the boy with HIV was dismissed.

Richard Haworth, prosecuting, said the boy knew the hotel was frequented by the gay community. On the third night that he visited the premises he was approached by the defendant who started chatting with him.

Fielder joked with him and asked how old he was. The prosecution said it was significant that the boy told him he was 15.

The teenager continued to visit the hotel. On one occasion sex occurred, with the boy wearing a condom. The prosecution claimed that Fielder said he would pay £500 if he could commit a sex act on the boy, who refused.

Jeffrey Pegden QC, defending, said Fielder had believed the boy was just under 16 and accepted criminal culpability. He said: 'This was entirely consensual and mutual. There was no grooming. The defendant emphatically denies he was willing to pay £500.

'The offence is nearly seven years old. He is at very low risk of reoffending. He has faced stress and anxiety over the years, including physical threats, damage to his property and adverse Press publicity.

'He is extremely hard-working and generous to a fault, caring and supportive of others, particularly his charitable work for the aged, infirm and disadvantaged. He has a genuine sense of deep remorse and shame.'

Judge Gilbart said: 'The law protects children, both from themselves and from the attention of others. The law requires that they be left alone by experienced adults. You knew that this boy was under the age of 16.'

Fielder will be on the sex offenders' list for seven years and was told to pay £1,000 costs. He was barred from allowing anyone under 16 from entering premises he runs and is banned from living and working with children.