A burger van owner who went on a rant against Muslims before refusing to serve a customer a sausage sandwich has been fined £820 in court.

Jim Gardiner, 73, owner of the Ship's Galley burger van in Penrith, Cumbria, went on the rant after a customer refused to read anti-Islamic literature that was kept underneath the burger van's sauce bottles.

Carlisle Magistrates' Court heard the customer, Piers Palmer, 46, told Gardiner he was on his way to a speed awareness course and was running late.

Burger van owner Jim Gardiner, pictured, was convicted of a racially aggravated public order offence after he went on a anti Muslim rant when a customer refused to look at anti Islamic literature he had kept under the sauce bottles of his van in Penrith, Cumbria

Gardiner told the man such courses were a waste of time.

Retired merchant seaman Jim Gardiner, 73, began chatting to landscape gardener Piers Palmer, 46, at the Ship's Galley burger van he now runs on an industrial estate near the M6.

Mr Palmer had already ordered his sausage sandwich when the conversation turned to religion and Mr Gardiner's views on 'Muslims and Pakistanis.'

It was quickly clear the two men had opposing opinions and when Mr Gardiner produced some laminated anti Islamic literature from beneath his sauce bottles, Mr Palmer refused to read them.

At that point the angry burger vender refused to continue making his sausage sandwich and bluntly told his customer to 'do one.'

A furious Mr Palmer reported him to the police for 'hate speech' and Mr Gardiner found himself before a court for the first time in his life.

At Carlisle magistrates court, Gardiner, of White Ox Way, Penrith, Cumbria, denied a racially aggravated public order offence on January 24 but was convicted after a two hour trial.

Mr Palmer had already ordered his sausage sandwich when the conversation turned to religion and Mr Gardiner's (pictured) views on 'Muslims and Pakistanis'

The court heard how Mr Palmer arrived at the defendant's van on the Gilwilly Industrial Estate, Penrith, in a rush because he was due to take a speed awareness course.

He described how the defendant then began talking to him, saying that such courses were a waste of time.

Mr palmer told the 'He said it was the Muslims and Pakistanis in Manchester and London who were the real problem, and not people like us.

'I was completely gobsmacked because I'd only asked for a sausage sandwich. I didn't know how we'd got on to Muslims and Pakistanis.'

He said Gardiner spoke about Muslim 'no-go' zones in Manchester and he had challenged this, saying it was an urban myth.

He said Gardiner spoke about Muslim 'no-go' zones in Manchester and he had challenged this, saying it was an urban myth

'I didn't want to talk about it – I just wanted to eat my lunch,' said Mr Palmer.

He described how the pensioner had then lifted some sauce bottles on his counter, pulled out some laminated sheets of paper, and handed them to him, saying: 'Read this if you want to educate yourself.'

When Mr Palmer refused, Gardiner told him: 'Then you're in the wrong place if you want food from me. Do one!'

Simon Farnsforth, for Gardiner, asked Mr Palmer if he had strong views about religion and Muslims, and he replied: 'I have a strong view that everyone is entitled to follow their faith.'

The court heard that in his police interview, Gardiner told officers:' Muslims are taking over and that they hate Christians.'

He also said he believed not enough was being done to 'quell' them.

Gardiner was fined £127, with a £30 victim surcharge, and ordered to pay £50 compensation to Mr Palmer. He must also pay £620 prosecutions costs

Asked what he would do if a Muslim came to his burgher van, he replied: 'I'd give them a bacon butty and laugh.'

In his evidence, he confirmed that he had never before been in trouble with the law and he claimed that Mr Palmer seemed 'agitated.'

He admitted saying to him: 'You're in the wrong place – do one.' The pensioner went on to claim that 'colourful language' was freely used by many of his customers, saying: 'It's part and parcel of a working man's life.'

Asked if he had strong views about Muslims, he replied: 'I have strong views about Islam.' He agreed that he was very wary of Muslims.

Announcing the guilty verdict and their acceptance of Mr Palmer's evidence, chairman of the magistrates Peter Baird told the defendant: 'Mr Palmer, we believe, was a credible witness. It is just not believable that he would make this up, report it to the police, and appear in court for the sake of not getting a sausage sandwich.'

After the case, Mr Palmer described what Gardiner said that day as 'hate speech'

Gardiner was fined £127, with a £30 victim surcharge, and ordered to pay £50 compensation to Mr Palmer. He must also pay £620 prosecutions costs.

After the case, Mr Palmer described what Gardiner said that day as 'hate speech'.

He said: 'If he was willing to say that to me, a man in his mid 40s, you have to wonder about the effect on somebody more vulnerable. There should be zero tolerance of any sort of hate speech.

Despite his views, some customers continued to support Mr Gardiner, saying he was entitled to free speech

'It just breeds division – and it's absolutely counter-productive.'

Gardiner has since written on Facebook: 'I'm happy to be alive , life is a gift unless you are a Islamic Muslim then it's the curse of SATAN.'

Despite his views, some customers continued to support Mr Gardiner, saying he was entitled to free speech.

Jane Lynch said: 'His opinions rightly or wrongly are as valid as anybody else's, forcing this "let's embrace Islam" down our throats is never going to change people's minds who feel a certain way. Best to ignore people who say things that hurt your feelings . Where does it end?'

Jason Brierley said: 'Freedom of speech means freedom of speech, it's your choice to listen.'

Beth Watt said: 'I used to get coffee from this guy when I was at sixth form and feel totally disgusted reading this. How completely foul and some of the things on his Facebook are even worse, but it's great to see hate speech being punished.'

Ash Golding said: 'This fella was sure to see a court soon enough. I've had to endure his rhetoric on brexit and Europe once and by God was it annoying. I only wanted a butty. It doesn't surprise me he's overstepped the mark. He needs to get online to push his views and not to people just wanting some scran.'

The grandfather of ten said four or five police officers arrived at his house to arrest him following his spat with Mr Palmer.

He said: 'It was the Friday following that conversation and I had completely forgotten about it. It was almost 7pm and I was in my dressing gown when there was a knock at the door.

'There were either four or five police officers at my door with lights on their helmets like they were in Star Trek.

Although I dislike the Islamic religion I'm not a racist. I have black friends. Jim Gardiner, burger van owner

'They said they had come to arrest me for inciting racial hatred. I just couldn't believe what was happening, I'm not a criminal and I've never been in trouble with the law in my whole life.

'Two of them accompanied me to my bedroom to be with me as I dressed when they searched my house and searched me before they put me in a police van and drove me to Carlisle police station.

'I was there an hour and a half and in a cell three times before I was charged. It was situation I never imagined myself ever being in and it was traumatic enough to give me flashbacks and stop me from sleeping afterwards.

'I do realise that my views on Islam aren't going to be popular with everyone, I have strong views, I admit that but I don't go around yelling about it.

'I had some laminated sheets lying on the counter which were entitled "The truth about Islam." I've done a lot of research on the subject and I thought I was entitled to have an opinion, but clearly not.

'People are more than welcome to come to my van and disagree with my views, I'm not an angry person, I'm a friendly bloke and I like a debate.

'I do admit that I told Mr Palmer to do one. He was agitated when he arrived and to my mind he seemed to be looking for an argument. He left with a smirk on his face and now I know why.

'Although I dislike the Islamic religion I'm not a racist. I have black friends and there are Poles and Albanians who come to the van that I like to see and talk to.

'I can't believe I have been through the courts for the first time in my life. To me it was an attack on my right to hold an opinion, even if some people don't like it.'

Gardiner, originally from Craghead, County Durham, is a former Chief Petty Officer in the merchant navy, owned a restaurant in Spain and a building supplies company based in Penrith.

Commenting on the case, Mr Palmer said: 'The conversation had nothing to do with race or religion, I asked for a sausage sandwich and it then progressed onto the speed awareness course.

'He then said "it's the muzzies in London who are the real problem".

'And then he was off, he was very quickly apoplectic about it and I was standing there thinking "I only wanted a sausage sandwich".

'It struck me that the man was a zealot and I saw no difference between him and a Muslim hate preacher. If a Muslim hate preacher had been spouting that kind of thing we'd expect people to report it and I found what he was saying to be no different, it's still extremism.

'He kept the literature on his counter for anyone to see, I didn't look at it but the police showed me it later and it was full of hateful anti Islamic views. I think people should report extremist behaviour of any kind and I was glad that I did.'