OLD Town trader Mark Johnston has been fined £450 for selling alcohol without a licence.

Johnston, pictured, who runs the kiosks in the Town Gardens and Queens Park, pleaded guilty to the charge at Swindon Magistrates' Court yesterday.

The court heard that Johnston, of Castle Eaton, had been selling alcohol from the kiosk in the Town Gardens from June 24 until July 29 last year.

He had applied for, and been awarded, a personal liquor licence in March, but said he was unaware he also needed a premises licence to be able to sell alcohol in the parks.

Trading Standards investigated the case last July following a complaint and an officer was able to buy a bottle of lager from the kiosk.

He noted that there were also clear signs advertising alcohol for sale.

Later that month another trader, who had a licence to sell alcohol in the gardens during special events, noticed the advertising sign and contacted the police.

Officers spoke with Johnston and after discussions he agreed to stop selling alcohol, which he did.

He then contacted Swindon Council about obtaining a premises licence, which was turned down after concerns from the police about the security of the building.

Defending Johnston, Rob Ross said his client provided a community service with the cafes.

"It is a very useful facility in the community and it is an amenity that is often available even in inclement weather," he said.

"It is very easy to see this as someone trying to make a quick buck.

"But bearing in mind how visible his kiosks are, I don't think anyone would believe this was the case.

"He is never going to become a rich man running the kiosks.

"He is someone who is providing a decent public service."

The court also heard that Johnston is being evicted from the kiosks by Swindon Council in September, despite hundreds of people having already signed a petition asking for him to stay.

Although they had the option to revoke or suspend Johnston's personal licence, magistrates decided not to.

Chairwoman of the bench Joy Hobby said there were a lot of mitigating factors in the case.

"We feel you did not receive the best advice," she said. "When you were challenged you stopped selling the alcohol immediately and quickly applied for a premises licence.

"You also co-operated fully with the authorities."

As well as the £450 fine, Johnston was ordered to pay £250 court costs to Swindon Council.