When is a smuggler not a smuggler? STEPHEN LEWIS finds out.

WITH the Christmas and New Year party season approaching, now is a great time for slipping over to France for a bit of cross-channel shopping.

With duty on cigarettes, wine and beer so much lower on the Continent, you can make a break of it, have some fun - and save a lot of money.

Whether you go on an organised coach trip or drive yourself, however, be prepared for a frustrating time at the hands of HM Customs.

While it's not illegal to bring back as much booze and cigarettes as you like, as long as it's for your own use, if customs officers even suspect you may be planning to flog some of it, you are liable to have the whole lot confiscated and possibly, if you're unlucky, your car or van as well.

Andrew Pinder is getting used to being stopped by customs. The 48-year-old from Harrogate drives to Dover and takes the ferry across the channel a couple of times a year.

"With a 250-mile journey each way, you have got to bring back a fair load to make it worthwhile," he says.

He has done the trip four times and three times he has been stopped on the way back. He's never had anything confiscated, but that's not the point. "It's just the fact that if you go in a van, you get stopped," he says.

Even he was surprised last year, however, when he was stopped by customs on his way out of Britain.

"They asked where was I going, what was the purpose of my visit and could they look in the van," he says. "It was a bizarre experience."

What makes it all the more frustrating for the enthusiastic cross-channel shopper is the fact that HM Customs refuse to do anything as simple as set a clear limit on how much booze and tobacco you can bring back.

As long as it is for your own use, you can bring as much as you want, they insist. There are, however, guidelines. Bring back large quantities of alcohol and tobacco, and you are more likely to be asked questions.

The 'guidelines' are:

More than 3,200 cigarettes

200 cigars

110 litres of beer

90 litres of wine

Having guidelines instead of limits may sound reasonable enough. In practice, however, it can leave the cross-channel shopper in the position of having to prove that what they have brought back is for their own use - which is not always easy.

Andrew always tries to stay within the guidelines.

"But why does the traveller have to prove his innocence, rather than HM Customs prove his guilt?" he says.

A spokeswoman for customs admitted customs officers did not need to prove alcohol and tobacco was being brought back to sell on.

If they simply suspected that was the case, that would be grounds enough for the goods to be confiscated.

What if they had been brought back was within Government guidelines? Could it still be confiscated?

She sounded hesitant, but said she thought not.

Try telling that to Valerie Imrie. She works for Northumberland-based In Style Coaches, which run regular shopping trips to the continent.

She has frequently seen customers with less than the 'guideline' of 3,200 cigarettes having them confiscated.

Often, she says, one passenger on the coach will be allowed through, while another with the same amount of cigarettes has them seized.

"It seems to just depend on how they feel," she says. "I have seen them go through and cut every box on the coach open to make sure it is wine inside."

Customs insist their officers are trained, and know what they are doing. One giveaway, the spokeswoman said, may be if a passenger had bought more than one type of cigarette - a mixture of Marlborough and Benson and Hedges, for example.

Because smokers tend to be loyal to a particular brand, this was a sign that what they had bought might not be for their own consumption only.

"Our officers are down there every day, and they do know what they are looking for," she said. "We are looking to stop smuggling, because it does take away from small businesses in this country and undermines local shops if these people are selling things on."

Fair enough - although most countries on the continent manage to survive without the punishing duties Britain imposes.

Valerie just wishes customs would set a proper limit on 'for personal use' goods and have done with it.

"Then at least you'd know where you stand," she says.

In Style Coaches run regular shopping trips to France for £69-£79, including a one night hotel stay. They can arrange to pick up passengers from North Yorkshire. Call 01670 817488.

Updated: 10:19 Thursday, November 27, 2003