A retired couple who ran a black market tobacconist from their council home were jailed today at York Crown Court.

Jonathan Rose, prosecuting, told how Robert and Florence Glenton cheated the taxpayer out of more than £100,000 in less than ten months by selling smuggled cigarettes and tobacco.

The court heard the couple made a profit of £15,000 from the 'shop', which opened each day from 9am to 7pm, except Sundays, with no sales to under-16s.

The couple also claimed £17,000 in state benefits they were not entitled to.

Robert Glenton was jailed for 15 months and Judge Paul Hoffman said he had reduced the sentence considerably because of his ill-health.

His wife Florence was jailed for nine months. The couple are both 60 and live in Lucas Avenue, Clifton.

Their son Robert, 33, escaped jail by the skin of his teeth, according to the judge, after Customs officers caught him ferrying 4,600 cigarettes to his parents' home.

Judge Hoffman told the parents: "You two were without exaggeration running an illicit tobacconists' shop over an eight- or nine-month period, and selling illegally-imported cigarettes and tobacco."

The judge added: "There is far too much of this sort of thing going on. I don't believe for one moment you were unaware of the seriousness of it."

The judge said that defrauding Customs stole "from all of us".

The couple pleaded guilty to two charges of dealing in illegally imported goods and their son pleaded guilty to one charge of carrying imported goods and one of keeping imported goods.

Mr Rose said that when Customs officers mounted a raid on the couple's home in September, 1999, they found 34.15 kilograms of hand-rolling tobacco in pouches and 16,820 cigarettes, as well as lists and other documents indicating that the couple were selling on credit and taking orders.

As the couple were being taken to Fulford Road police station, the father asked Customs officers why they were arresting people who were "trying to make a few bob."

As Customs officers were still at Lucas Avenue, the son drove up with a car containing 4,600 cigarettes. His home in Danesfort Avenue, Acomb, contained 1,500 cigarettes and 14 kilos of tobacco.

The Glentons told Customs officers their son stored smuggled goods on their behalf, and refused to answer questions about who imported the goods.

The judge ordered the son to repay the £2,435 of Customs duty he had evaded by keeping the goods and ordered him to carry out 180 hours community service.

He confiscated £5,265 and some Portuguese money found at the parents' home.

For the father, Martin Rudland said he was selling tobacco to pay off a debt to people he would not name, but of whom he was afraid.

The couple were facing demands from Government departments to repay £17,000 of benefits they had got but which they had not been entitled to.

Benefits officials had started the action after hearing about the tobacco sales.

Prison would be hard for the father because he had lung and bowel diseases and faced surgery in future.

For the mother, Taryn Turner said she had done what her husband had asked her to do. The couple had been together for nearly 40 years.

The son's barrister, Elyas Patel, said his client was a hardworking family man.

The judge suggested he should stop smoking so he could repay Customs duty.

Updated: 14:05 Monday, January 29, 2001