For generations of children, the merry jingle of the ice cream van has been a sure sign summer has arrived.

But yesterday salesmen warned a High Court ruling could freeze them out.

Vendors said they could be forced off the streets after Portslade businessman Sean Kempin lost a landmark battle with Brighton and Hove Council.

Mr Kempin, 43, argues the seven vans he operates on the city's streets should be treated as "roundsmen", like milkman.

As such, they would be exempt from street trading regulations and not eligible to pay licence fees.

But in a blow to ice cream men around the country, law lords upheld his conviction at Brighton Magistrates Court in May for selling frozen treats without a licence.

He was fined a total of £1,000 and ordered to pay a further £1,000 in legal costs. It means all councils must follow the city's lead in charging a licence fee to ice cream vans instead of making their own rules locally.

Mr Kempin warned children would be the main victims of a "stealth tax" on his business.

The father-of-three runs the last ice cream van business in the area from Fishersgate, Portslade, trading under the name British Bulldog.

Mr Kempin, accompanied in court by his wife Lesley, said: "The Brighton and Hove Labour Party will be remembered by the children of this country for the eventual death of the traditional ice cream van."

"I have fought this case on behalf of all the ice cream roundsmen in this country.

"The losers in this case will be the children, the disabled and elderly residents of Brighton and Hove who cannot easily get to the shops."

Mr Kempin's lawyer Lorraine Smith said many traditional ice cream van operators could soon be forced out of business by the decision.

She said: "If boroughs up and down the country follow the example of Brighton and Hove Council, which today won the right to categorise ice cream roundsmen as street traders, many will find the additional charges they will be required to pay crippling.

"It's a real tragedy. My client and hundreds like him will have to pay a substantial part of their earnings to their local council and get absolutely nothing in return."

But Brighton and Hove Council welcomed the ruling. A spokesman said: "We are pleased the High Court has supported our interpretation and the magistrates court's interpretation of the law relating to street trading.

"The sole argument has always revolved around whether or not Mr Kempin and his ice cream vans are street traders or roundsmen. We look forward to working with Mr Kempin and being able to grant formal consent to him and his drivers.

"The council is sympathetic to people like Mr Kempin and it is for this reason the licence fee per vehicle was reduced from £909 per annum to £500 per annum in 1999.

"We consider, bearing in mind Mr Kempin's operation, that this fee is not disproportionate."

Elizabeth Federici, national president of the Ice Cream Alliance, said: "This is a very important decision as it adds another tax to already straining businesses. It marks the demise of the ice cream van."