A yachtsman who set up an off shore "off licence" today vowed to fight Customs and Excise officers through the courts after they detained his floating store.

Phil Berriman, 46, was selling alcohol and cigarettes at duty-free prices from his 72ft schooner Rich Harvest, anchored 13 miles from shore, until officers intervened yesterday.

Customers have had to sail out across the North Sea to reach the shop, but once aboard could buy leading brands of cigarettes and spirits for a fraction of the mainland shop price.

Despite warnings from Custom and Excise officers, Mr Berriman said his scheme was legal and is determined to seek clarification through the courts.

His operation, which was making about £10,000 a week, is currently suspended after the boat and an estimated £150,000 worth of stock was detained by Customs officers at Hartlepool harbour yesterday.

He told PA News: ''They came on board and said the agreement they had was null and void and were seizing the stock.

''They could not tell us under what law they were seizing the stock. Then they came back on later this afternoon and said something like the goods weren't tax paid and haven't been declared.

Mr Berriman, of Stockton-on-Tees, Cleveland, added: ''I never thought they would do something that was blatantly illegal but as far as I'm concerned it is a propaganda, political-type thing.

''What they are trying to do is send a message to other people, regardless of the law, they don't want to let this continue. It is intimidation and harassment.

''The next thing we have got to do is to get Customs into court and get a judge to declare that they have acted illegally.

''Hopefully the judge will also clarify the position to the customers. In the meantime we are 99% certain that we are going to go abroad and buy more cigarettes and continue with the operation.''

He claimed officers had confiscated around 800,000 cigarettes and 800 litres of spirits.

The business had been averaging about eight customers a day and even had a night-time visit from a jet ski rider after distributing leaflets to fishermen and boat clubs giving the co-ordinates for the yachts.

He and business partner Trevor Lyons, 53, a marine law expert from Staffordshire, were anchored off the coast of Hartlepool and had hoped to make up to £20,000 a week from the enterprise.

A Customs spokesman said: ''The vessel Rich Harvest was detained by Customs at Hartlepool yesterday along with a quantity of excise goods stored on board.

''The detained excise goods have today been removed by Customs in the belief that they are neither declared nor duty paid. ''Customs will make additional inquiries before any further action is taken.''