31 October 2008 – Minister dismisses appeal from Alpha Fireworks Ltd

Lord McKenzie, Minister responsible for Health and Safety, has today dismissed an appeal by East Sussex based company Alpha Fireworks Ltd to prevent their licences being revoked.

The Health and Safety Executive (HSE) gave notice to revoke two licences held by Alpha Fireworks Ltd for the purposes of regulation 17 of the Manufacture and Storage of Explosives Regulations 2005. 

ALPHA Fireworks Ltd appealed to the Secretary of State for the Department for Work and Pensions against the decision of The Health and Safety Executive.

A Hearing of the appeal was held on 26th and 27th June and was heard by the Appointed Person, Ms J Eady QC.

DWP Minister Lord McKenzie said:

“The appeal process has now been completed and based on the recommendation of the report, I have taken the decision to dismiss the appeal from Alpha Fireworks Ltd and uphold the decision of the Licensing Authority to revoke two licenses.”

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Notes to Editors

1. Under the Manufacturing and Storage of Explosives Regulations 2005 (MSER), a licensing authority may revoke a licence where it appears – on information obtained by the licensee after the grant of a licence – that the licensee is not a fit person to store or manufacture explosives.
2. In August 2007, the Health and Safety Executive (HSE) – acting in its capacity as a MSER licensing authority - notified Alpha Fireworks Ltd (formerly Festival Fireworks (UK) Ltd) that it proposed to revoke two licences held by Alpha for purposes of  manufacturing and storing explosives at two sites near Lewes, East Sussex:
   • licence 00964 – in respect of Upper Lodge Farm
   • licence 00632 – in respect of Marlie Farm
3. In the event HSE decided to revoke both licenses with effect from 14 December 2007. After Alpha Fireworks Ltd formally appealed this decision, the appeal hearing was held in London on 26th-27th June 2008.
4. Ms Jennifer Eady QC was appointed to hear the appeal. Ms Eady is a member of the Treasury ‘A’ Panel and standing junior counsel to the NUJ and NUM.  She also sits as a Recorder in the County Court and is a part-time Chairman of Employment Tribunals.  She is a former Chair of the Industrial Law Society and a founder member of the Employment Law Bar Association.