A SUCCESSFUL businessman and his friend have failed to get sentence cuts for their roles in smuggling four million cigarettes into the UK.

The documents for the ship container said it had furniture from Indonesia inside it, rather than cigarettes on which £517,000 duty was payable.

Roger Glassbrook, 38, of Bankfold Land, Darwen, was jailed for four years at Manchester Crown Court last March. Glassbrook, who had a thriving furniture importation firm, had been found guilty of being knowingly concerned in the fraudulent evasion of duty.

Peter McKnight, 39, of Doyle Close, Oldham, was jailed for three years after pleading guilty to the evasion.

London's Criminal Appeal Court refused them permission to challenge their terms, rejecting claims they were "manifestly excessive" when recent sentencing guidelines were taken into account.

Judge David Hodson, sitting with Lord Justice Mantell and Mr Justice Butterfield, said Glassbrook's offence was aggravated by the leading role he played and by the use of a legitimate business as a front. He pointed out the need to deter other cigarette smugglers.

On February 5, 2002, the container arrived at Southampton. Its delivery address was to Glassbrook's business in Chorley. Customs officers made a controlled delivery to the premises on February 8. McKnight was present, but Glassbrook was abroad.

The sentencing judge said it had been a large scale commercial enterprise in every sense of the word.