A shopkeeper was caught storing a haul of potentially deadly fireworks he shouldn't have had near a school and college on Bonfire Night.
Malik Javed had a collection of the explosives in a flat above his shop and also in his van parked outside. A court heard the convenience store on the site of the former Villa Victoria pub, Westmorland Road, Newcastle, is close to a primary school and Newcastle College.
Liam O'Brien, prosecuting, told Newcastle Crown Court: "Perhaps fitting, this came to light on November 5." The court heard that in October 2020 he applied for a licence to store fireworks and was granted one but only to store 75 kilos of "hazard type four" fireworks, the lowest category of explosives.
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Tyne and Wear Fire and Rescue Service attended the shop shortly after the licence was granted to check he was complying with the regulations. They found up to 40 kilos of type four fireworks in a storage room, which was in accordance with the rules.
Outside, there was a trolley displaying hazard type 3 fireworks, which are more explosive and dangerous. But they were dummies and he said he was not storing such fireworks. He claimed he was selling them by having them delivered directly to consumers from suppliers. Mr O'Brien said: "The crown's case continues to be that was a lie."
On November 5, 2020 council workers from trading standards and police attended the shop to check Covid regulations were being adhered to. As a result of information from that visit, the fire service went back to do another inspection.
When they got there he was sitting in a van outside which contained a large number of fireworks - 94 kilos of hazard type 3 and 9.2 kilos of hazard type 4.
The interior of the shop appeared as it had previously, with shelves of the otherwise empty premises filled with type four fireworks. A fire service investigator went to look at a flat above the shop and found more fireworks which he didn't have a licence for.
Mr O'Brien said: "On opening the the door which leads to the flats, the officer saw boxes of hazard type 3 fireworks, some sealed and others open and missing fireworks. At the top of the stairs a door to the first floor flat was locked but through the keyhole a large amount of fireworks could be seen within."
In the flat 71 kilos of hazard 3 fireworks and 3.2 kilos of hazard 4 fireworks were being stored. So in total he had 165 kilos of the fireworks he wasn't licensed to have and 12.4 kilos of the ones he was licensed to have.
Mr O'Brien said: "The prosecution say he made a deliberate and conscious decision to store a significant amount, more than he was permitted to store and of a more dangerous type of firework. This can only properly be described as a flagrant breach of the regulations.
"There was a failure to implement any measures to mitigate the risk of an explosion and he failed to store them an appropriate distance from members of the public."
Javed, 35, of Asturian Way, Fenham, Newcastle, pleaded guilty to four health and safety breaches, involving storing them without a licence, failing to take adequate measures - there were no fire extinguishers and some were strewn on carpet and close to other combustible materials, and not adhering to "separation distances".
Recorder Jonathan Sandiford KC sentenced him to 10 months suspended for 12 months with 150 hours unpaid work and he must pay £5,000 towards prosecution costs. The judge told him: "Had these fireworks either been set on fire or of there had been an explosion or chain of explosions it's clear death or injury causing lifelong impairment was a distinct possibility.
"While there was a lot of fireworks stored on the premises and in the van the likelihood of there being a fire, realistically, was not high and the building was in a good state of repair.
"It's important these regulations are followed and it does create a risk to people. It's important shopkeepers follow the regulations properly to reduce the risk to members of the public."
Rachel Hedworth, defending, said Javed had a good health and safety record and is paying debts of £5,000 to the Inland Revenue. The court heard he has sold fireworks over the years and there have been no previous issues.
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