AN ICE cream van owner who also sold illegal cigarettes acted like an idiot', his solicitor told a court.

Biagio Mazzotta, from Beatrice Street, Swindon, was fined £2,000 and ordered to pay £1,340 in costs after a trading standards officer bought contraband cigarettes from his ice-cream van.

In court Mazzotta pleaded guilty to the incident, which took place on June 12.

Martin Lanchester, prosecuting for Swindon Council, told magistrates it was not the first time Mazzotta had been prosecuted. He was caught selling contraband cigarettes near a school in 1999.

Swindon magistrates heard that on June 5, 2007, a plain clothes trading standards officer approached the Peppy's ice cream van, parked on Letterage Road, Roughmoor, and found people queuing up to buy cigarettes.

The officer said he approached the van and bought three packs for £9 from Mazzotta, although the defendant denied this.

When the officer returned a week later he bought cigarettes from Mazzotta's associate Randle Muir.

A few hours later police raided his van in Middleleaze Drive and confiscated 324 packets worth nearly £1,000.

The same officer then approached the van days later and asked the man for more cigarettes.

He was told that it was too risky to sell from the van and that if he wanted more he should call a man named Paddy.

Mazzotta pleaded guilty to not displaying health warnings, and not displaying warnings about buying cigarettes underage and to selling cigarettes without the appropriate duty.

Phillip Hall, representing Mazzotta, said that his client had acted foolishly and asked for magistrates to punish him financially.

He said: "He has been an idiot, there is no doubt about that.

"I would request that he gets hit where it hurts - in his pocket."

He added that Mazzotta had been in the ice cream industry for 14 years.

His van was now up for sale, meaning his only source of income was a kebab shop he owns with his brother.

Magistrate Mary Holland said: "We have considered these charges and we feel that they are more serious because you were selling cigarettes from an ice cream van that will likely have children nearby who are not of age.

"You were not checking the age of the people buying the cigarettes on this day.

"A large quantity of cigarettes were found by police and that is evidence that this was an ongoing trade and not a one off.

"We have taken into consideration that you are now selling the van so you cannot carry on this trade any more."

Mazzotta was fined £2,000 for offences relating to the sale of cigarettes and ordered to pay £1,340 in costs.

Magistrates said that because Randle Muir, who was selling the cigarettes for Mazzotta, was not checking identification of the buyers and that children were likely to be around the van the crime was more serious.