ONE of the men behind Britain's first offshore off-licence is planning to take his battle with the Government to court.

The confusing law surrounding the validity of the business could be settled when Trevor Lyons challenges Customs and Excise.

Mr Lyons, a lecturer in marine law, will launch the test case when he comes ashore from the floating shop today with a small amount of alcohol and cigarettes.

The 54-year-old is expected to leave the Cornish Maiden, a 50ft former fishing boat stocked with cut-price alcohol and tobacco, and arrive at a quayside in Hartlepool.

He said he will refuse to pay UK duty on his goods and expects to have them seized as customers did on Monday.

Mr Lyons and business partner Philip Berriman, 46, from Norton, Stockton, set up the floating shop 13 miles off the coast last month.

They had hoped to make £10,000 a week from the venture, but said customers have been scared away by the threat of Customs.

Customs officials said peopple must pay UK duty on their purchases or risk losing them, even though duty has been paid on the goods in Germany.

But the pair said Customs was acting illegally by seizing anything brought ashore because duty should not be paid twice on the items and because they were trading in international waters, outside the 12.5-mile-zone.

Since Cornish Maiden replaced Mr Berriman's other boat, Rich Harvest, outside UK waters, a Customs ship has patrolled the area.

Customers who brought cigarettes and alcohol back on Monday had goods seized when they declined to pay duty.

Mr Lyons, from Staffordshire, will mount his test case on the grounds that the Government is flouting EU law.

Mr Berriman said he would leave the Cornish Maiden off the coast as a protest.