UPGRADE:
OK So I think I have solved the problem, I now have a fan built into the device (I had an old PC fan laying around so I decided to try that), I made a second version and Ive not seen any fluctuation. Now something I will say is that the laser pointer is a different one to the original though both advertaised as the same thing the workings within were different. So maybe this version dosn't get as hot and dosn't have the same problems as the previous model. As I had said before I purchased the original laser pointer about a year ago so maybe there has been an internal upgrade or maybe its just different manufacturers, who knows?
Something else I wanted to point out, but is probably somewhat obvious once you see the photo, is the fan runs independantly from the Laser for two reasons, 1. the fan would draw way to much from the lasers batteries and the device would last only a short while and 2. the draw its self would cause the laser to fluctuate constantly.
Even so, I wanted to make sure so here's the second model:

Paul