Fireworks: Licensing of Premises

Jeremy Lefroy Excerpts

Friday 18th November 2016 Commons Chamber

[Jeremy Lefroy (Stafford) (Con)]

Just over two years ago, an explosion and fire at a business—SP Plastics—in Stafford resulted in the tragic deaths of two people, injuries to others, the destruction of buildings and the loss of businesses. I would like to offer my heartfelt sympathy to all those who suffered as a result. I would also like to thank Staffordshire fire and rescue service, the national health service and Staffordshire police, as well as local volunteer groups that assisted them. The investigations into this tragedy have not yet concluded, so I will not comment on the causes. However, there is no doubt that the scale and nature of the fire was due to the presence of large quantities of fireworks on the premises.

I am most grateful to Stephanie Horton of River Canal Rescue for much of the information that follows. Her business premises were destroyed, and she and her 30 staff had to rebuild from scratch, all the time providing a vital service to river and canal users across the country. I pay tribute to her and her staff, and to the other business owners and staff who had to cope with the consequences of the fire.

My purpose today is to ask the Minister to look at improving the way in which the storage and sale of fireworks are regulated. I will also make some points about the way in which businesses that have suffered catastrophic events such as this are supported by public bodies.

It may help if I summarise the current regulations for the licensing of premises for the storage of fireworks. Someone who wishes to run wholesale or retail premises that store or sell fireworks, up to a total of 2 tonnes, must be licensed with the fire service, if they are based in some of the metropolitan areas, or with the trading standards department of the local council, if they are based elsewhere. Someone who intends to store or sell more than 2 tonnes, or the most powerful category 4 fireworks, which are designed for professional displays and large open spaces, will need a licence from the Health and Safety Executive.

In principle, the regulations seem reasonable. However, they depend on the training of the inspectors from trading standards or the fire and rescue services, and on proper disclosure from the owner of the business.

My first request of the Minister is that when the conclusive report into this tragic fire is released, she will consider whether the regulations are sufficient. There is a great deal of difference between a shop storing perhaps a few category 2 fireworks and a warehouse containing up to 2 tonnes of category 2 or 3 fireworks, yet the same application procedure applies to both. Should there be an intermediate category covering substantial sellers who fall below the threshold for licensing by the Health and Safety Executive, and should such larger traders perhaps be licensed by the fire service rather than the local council? After all, the storage of large quantities of fireworks—to me, 2 tonnes is a large quantity—is a fire risk. In the case of small retailers, risks are more likely to concern consumer safety and the age of those purchasing fireworks—work for which trading standards is eminently suited.

My second suggestion arises from the experience of those at River Canal Rescue, who found themselves without sufficient insurance cover because they were unaware of what was stored in the nearby warehouse. This suggestion, which could be implemented immediately, is that all applications for licences require that the trader be properly insured for the storage and sale of fireworks, and that this should include insurance cover liability to third parties. Nowhere have I seen this on application forms. If someone wishes to obtain a licence for a motor vehicle, they have to show that it is properly insured in respect of third parties. Fireworks are potentially as dangerous as motor vehicles, so it makes sense for the same rule to apply. It should also be a requirement that the insurance policy be displayed and that neighbouring businesses be informed of the fact that fireworks are stored so that they can, in turn, let their insurers know in case it is of significance.

Ms Horton of River Canal Rescue makes another reasonable suggestion, which is that those who are responsible for licensing—trading standards or the fire service—should conduct unannounced checks on premises, and that they should receive more specific training in fireworks where they do not have it. No system is perfect, but we must learn the lessons from whatever failures are shown to have occurred that resulted in the fire in Stafford. I believe that the proposal to make production of a valid insurance policy a precondition of receiving a licence is simple and capable of swift implementation.

I turn now to the aftermath of the fire and, in particular, the consequences for the businesses that were so badly affected. Ms Horton says:

“There was no support, help of concessions given to us by government bodies. We had to rebuild from scratch. We lost everything, including all of our accounts. It took nearly 6 months to reinstate these alone. Penalties, letters and a general disregard for our situation from HMRC gave us extra stress in a very stressful situation, especially when you take into account that there were 30 employees whose jobs relied on us to keep the plates spinning.”

Despite this, the company has been named medium employer of the year at the north-west national apprenticeship awards. That is an outstanding achievement given the circumstances. I suggest that there is more that Government and local government, can do, in co-operation with the business community, to ensure that businesses are fully supported after a calamity such as a fire that has affected them through no fault of their own. The local council—which, after all, collects business rates—could offer an officer, perhaps in co-operation with the chamber of commerce, who would liaise with Her Majesty’s Revenue and Customs, banks and others to assist the business through that difficult time. In that way, jobs will be saved.

I have three suggestions to put to the Government: first, a licence system that is more appropriate to the level of risk involved; secondly, a requirement that proper insurance held by the applicant be a requirement of obtaining a licence; and thirdly, a straightforward system of support for businesses affected by fires, floods or other major disruptions. All this could, I believe, be put in place with little or no cost. At the same time, it should reduce the risk of such tragedies as happened in Stafford occurring and, even if they did, assist with recovery from them.