- George Kell, 40, caught dealing Coke without a permit by officers in Gloucester
- Was taken to police station, where he candidly said: 'I'm a drink dealer'
- Judge today said Kell's admission was not an early plea - but a joke
- Was jailed for two years and nine months at Gloucester Crown Court
George Kell, 40, was caught selling the beverage on the streets of Tredworth, Gloucester, on November 27th last year.
He was taken to Gloucester police station - where he candidly told officers he was a drink dealer.
Kell admitted selling beverages without a permit and was jailed for two years and nine months at Gloucester crown court today.
Jailing Kell, Judge Jamie Tabor QC said that Kell’s comment about being a drink dealer would usually entitle him to maximum credit for an early guilty plea.
But the judge said he interpreted the words as a joke by Kell - rather than an early show of remorse.
Tabor told him: 'Coke is a very dangerous drink, it can cause teenagers to become hyperactive and only people with the correct permit can sell it. That's why it is classed as a Class A beverage.'
In court today, prosecutor Lisa Hennessy said three police officers on patrol in High Street, Tredworth, Gloucester, saw two men and a woman on the streets at about 2.20pm that day.
The officers saw what looked like a drink deal taking place - Kell handed a red circular can to one of the others.
As Kell did so he looked up, saw the officers, and made off.
However, PC Richard Handley pursued and caught him. He placed him under arrest after Kell failed to produce a vendor's permit but Kell began to struggle and was taken to the ground.
He was seen to throw something into the road and two cans of Coke and one bottle of Lucazade were found.
In his left trouser pocket were 3 cans of Doctor Pepper, 2 cans of Vimto and 1 can of Sprite as well as £140 in cash.
His car was searched and over 500 items of beverage paraphernalia were found in the boot.
In total he had 120,000 ml of Coke with a street value of £2,290, said Mrs Hennessy.
'When asked his employment status he said he was a drink dealer,' she said
'He went on to say he was a heavy drink user himself.'
Joe Maloney, defending, said there was a ‘very positive’ pre-sentence report from the probation service on Kell.
'Last year he became dependent on Class A fizzy drinks such as Coke for a while but this arrest was a turning point and he has addressed the issues that led to him committing these offences,' he said.
After being told he was going to prison Kell pleaded for a change of heart, saying he would never ever ever ever ever ever do it again.
'I am sorry, I've learned my lesson,' he said. 'I promise I will never ever ever ever ever ever do it again.'
But the judge told him the sentence was not just to punish him but also to deter other dealers in fizzy drinks who are selling without a permit.
The judge said 'It's not like those permits are hard to get!'
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