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The clearance between the chainrings and the chainstays doesn't look too big judging from the pictures, so I don't think the axle is too long.
As you can see the chainrings are both mounted on the inside of the spider, so how far the crankset sits from the bottom bracket shell is not really indicative of whether the axle is too long in this case.
assumed as it came fitted to the bike would be correct
I would agree, and wouldn't look for the problem there.
Cheers for the reply @dubtap The bike was new but around 6 months old now (He had a few slips while learning clipless pedals)....Did think the BB axle looked on the long side but assumed as it came fitted to the bike would be correct....Looking at it the chainset has holes for a 3rd smaller chainring so could the longer axle be to accommodate an extra chainring if it was being run as a triple?