Five alleged biker gang members have had charges against them dropped, after being arrested while buying ice cream in 2014. 

With the matter appearing before the Southport Magistrates Court, police offered no evidence, and the case was dismissed. 

The group of Dandenong men, named as Bane Alajbegovic, Dario Halilovic, Kresmir Basic, Darren Haley and Daniel Lovett, chose not to attend court to face the frivolous case, after being arrested at the dairy hotspot and charged with being a participant in a criminal organisation and being knowingly present in public places with two or more people who are participants in a criminal organisation.

Representing some of the men, lawyer Bill Potts put the cherry on top after the hearing.

"Their only sin, their only crime, was to buy an ice-cream in a public place - the great controversy here was whether it was going to be choc top or vanilla," Potts said.

"There was no crime, there was no planned crime - all these people were doing was walking down a street and for two of them, sitting in a closed and locked hotel room when the police charged them with these offences."