A Sussex man is going to the High Court in a test case which campaigners say could drive ice cream vendors all over Britain off the road.

Brighton and Hove Council wants ice-cream van owner Sean Kempin to buy street trader licences for his fleet of seven vans, costing £3,500 a year.

Mr Kempin, who owns British Bulldog Ice Creams, is appealing against the council's policy on the grounds his vans do not have a fixed pitch.

Mr Kempin employs seven roundsmen from his base in Gardner Road, Portslade, and is the only ice cream seller still doing rounds on the council estates in Brighton and Hove.

He said: "We have delivered a service to regular customers for 13 years in Brighton and Hove. Every driver has a set, timed round and provides a service to customers on housing estates.

"What we do is very different to the ice-cream vans on static pitches in the town centre which attract tourists."

Mr Kempin is angry at what he sees as the council imposing more taxes on his business.

He said: "We already pay large business rates for our industrial premises and Brighton and Hove Council is trying to tax us again with this. If they do, the people of Brighton and Hove may lose the service for good."

The council ruled in 1997 that all street traders in Brighton and Hove would need consent to sell goods from their pitches.

Council bosses say under the 1982 Local Government Act, Mr Kempin is a street trader and not a roundsman because he does not deliver to the doorstep.

Mr Kempin's case has won support from both the Federation of Small Business and the Ice Cream Alliance.

Sue Richards, President of the Ice Cream Alliance, said: "We are an industry at the mercy of poor weather, strict regulation, fierce competition, high fuel charges and rising overheads.

"These licences are applied arbitrarily around the country. Some vendors are forced to hold licences in two or more boroughs to carry on their trade.

"It's a threat to the viability of large operators and can be the last straw for some of our smaller members. Brighton and Hove Council started this 'pitch' battle. We are determined to win it.

"It will be very sad if the familiar jingle of the ice cream van is no longer heard on British streets."

Ken Stevens, regional organiser for the Federation of Small Business, said the association had given Mr Kempin an open cheque to help fight his case.

He said: "We have been supporting Sean for several years and will continue to do so.

"Too often small businesses cannot afford to fight their case and on this occasion we are making sure Sean can.

"The Government Act is a grey area and it is important to have this ruling so that all small businesses know exactly where they stand."

A council spokeswoman confirmed the case was due to be heard at the High Court next month but declined to comment until after the hearing.