THE promotion flame all but expired for Durham yesterday as they took only one batting point from their match at Bristol and Gloucestershire finished the second day 209 runs ahead with eight wickets standing.

Martin Love made 98 and Shoaib Akhtar 34 out of Durham's 218 all out - a deficit of 156 - and the hosts' acting captain, Craig Spearman, declined to enforce the follow-on, preferring to indulge his liking for the Durham attack.

As Durham were all out on the stroke of tea, despite losing 11 overs to the weather, Spearman had plenty of time to bat them out of the game.

But he accepted an offer of bad light at 4.55 and lost a further 16 overs before resuming to reach 28 before departing with eight balls left.

Playing a forward defensive stroke against Shoaib, he saw the ball spin back off his bat with just enough force to dislodge a bail.

This was a rare piece of good luck for Durham, for whom Love did not take the field because of a thumb injury. They also had the worst of the conditions and, as usual, received few favours from umpire Trevor Jesty.

Defeat will spell the end of Durham's promotion hopes, while a draw will leave them awaiting the result of third-placed Yorkshire's match at Worcester, which starts today.

For the second successive match a home bowler joined the legions who have recorded career-best figures against Durham as Ian Fisher finished with five for 30.

The former Yorkshire left-arm spinner bowled well to take the last five wickets to follow his five-wicket haul against Derbyshire last week after spending most of the season in the second team.

Durham's folly in squandering a correct call at Northampton last week, when occasional seamer Jeff Cook took five for 31, was underlined as Gloucestershire cashed in on the advantage of winning the toss.

With heavy cloud lingering after morning rain, batting was much trickier on the second day as Jonathan Lewis and Ian Harvey found swing and movement off the pitch.

Only Love could cope as he went in at 11 for one and made 98 of the next 159 runs before he was seventh out.

Beaten several times himself by Harvey, his teammates' struggles seemed to convince Love he needed to score as quickly as possible and he hit 20 fours, most of them on the leg side.

Twice he hit three fours in an over. First he followed two pulls off seamer Mark Hardinges with a square drive, then he worked Harvey wide of mid-on off the front foot three times in four balls.

He had just on-driven Fisher for his 20th four when his 143-ball innings ended as he left his crease and failed to get to the pitch, finally offering only a half-hearted shot as he was beaten and comfortably stumped by Jack Russell.

He had put on 75 for the sixth wicket with Phil Mustard, who got off the mark with a six over long-on off Martyn Ball but became Fisher's first victim when he drove a return catch.

Shoaib also got after off-spinner Ball, smashing him for two sixes over long-on and also hitting four fours in his 32-ball innings.

But there was precious little from the rest, with Gordon Muchall, Gary Pratt and Nicky Peng contributing two runs between them.

The first two edged loose shots, but Peng was the victim of a mystery ball from Harvey and was the third batsman to be given out lbw by Jesty.

The ball was short and Peng appeared to be taking evasive action, but it was a slower delivery and went through much lower than he expected.

If there is one umpire Durham would not wish to see standing at the end of the 22-yard strip in such a crucial game it is Jesty and he has certainly had an impact.

After calling no-ball when century-maker Jonty Rhodes was bowled on 14 the previous day, he first gave out skipper Jon Lewis yesterday.

It looked a fair decision, but Paul Collingwood was well forward when he was given out.

In fairness to Jesty, he turned down a huge appeal for caught behind off Harvey when Love was on 55 and the Australian all-rounder was a little unlucky to take only one wicket.

Six overs were lost to bad light at 11.15, then heavy drizzle drove the players off again at 12.15. Conditions improved in the afternoon, but a rapid Shoaib bouncer in the ninth over of Gloucesteshire's second innings persuaded the umpires to offer the light.

It was clearly fit for play half an hour later, but they waited a further 25 minutes and went back on at 5.50 for eight overs.

The break gave Shoaib a rest and he kept going to the end, finally adding to the scalp of Phil Weston, who was very well caught low down by Graeme Bridge at gully.