A burger van owner has been prosecuted after he refused to serve a sausage sandwich to a customer who argued against his anti-Islamic views.

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.

A furious Mr Palmer reported him to the police for "hate speech" and Mr Gardiner found himself before a court.

At Carlisle Magistrates' Court, Gardiner, of Penrith, Cumbria, denied a racially aggravated public order offence on January 24 but was convicted after a two-hour trial.

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 court: "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.

"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.

Asked what he would do if a Muslim came to his burger 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."

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.

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