Legal News

Warwickshire County Council has prosecuted an experienced firework retailer, who chose to sell his fireworks on a street corner stall, placing himself, his customers and other shoppers in danger.

On 3rd November 2015 – two days before Bonfire Night – Warwickshire County Council Trading Standards officers received a report that fireworks were being sold illegally from a temporary open stall on a street corner in Bayton Road, Exhall in Coventry.

Trading Standards officers attended and discovered a large quantity of live fireworks laid out on the stall, most of which had been taken out of their protective cardboard delivery boxes.

Selling explosives – including fireworks – on the road or in a public place has been illegal since 1875.

Trading Standards found that the stall belonged to Barry John Knight, an experienced firework license holder. The stall was closed and officers ensured that the fireworks were removed to a safe location.

At Nuneaton Magistrates’ Court, Barry John Knight, 54, of Nuneaton Road in Bulkington, Warwickshire pleaded guilty to one offence under Section 30 of the Explosives Act 1875, which states “gunpowder (fireworks) shall not be hawked, sold, or exposed for sale upon any road or in any public place”.

In mitigation, Knight’s defence lawyer said that his client had made “a grave mistake” because he had purchased too many fireworks for around £20,000 – and by 3 November, had too much stock.

The court was told that the financial pressure on Knight of having to repay suppliers had driven him to make the decision he did – and that there was a chance Knight might not get a licence to store fireworks as a result of his actions, meaning he might end up with £17,000 worth of stock he would not be able to sell.

The court was told that Knight was remorseful – and acknowledged he had made “a grave and stupid mistake”.

Nuneaton Magistrates’ Court fined Knight £1,000 for the offence, which was reduced to £660 because of his early guilty plea. Knight was also ordered to pay £1,931 for the council’s legal costs and a £66 victim surcharge – a total of £2,657.

After sentencing, Warwickshire County Council Portfolio Holder for Community Safety, Councillor John Horner, said:

“This is one of the oldest laws that Trading Standards enforce, but it’s as relevant today as it was in 1875.

“Selling fireworks in the open where a stray lighted cigarette or match could set them off is incredibly dangerous – fortunately, this is an extremely rare occurrence and I’m delighted that Trading Standards were on hand to act quickly to protect the public.”

Chair of the council’s Communities Overview and Scrutiny Committee, Councillor Philip Johnson, added:

“Trading Standards Officers visit all firework retailers at least once a year.

“The vast majority of firework license holders in Warwickshire are very responsible retailers and store and sell fireworks safely inside shops and in locked containers, where there is no risk of them catching light.”

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of a public protection offence, including selling counterfeit goods, selling restricted goods to minors, selling illicit cigarettes or alcohol, weighs and measures offences, mislabelling, breaches of food hygiene and health and safety offences.

There are Duncan Lewis offices nationwide and in most major cities – and a criminal defence solicitor can advise at the start of an investigation and before charges are brought.

For expert legal advice on public protection offences, call Duncan Lewis criminal solicitors on 0333 772 0409.