FACED with the loss of his entire profits for the year, a fireworks dealer may try to offload his stock of banned fireworks abroad.

His bid to challenge a government ban on some types of bangers for Guy Fawkes Night failed on Tuesday (Oct 28) in the High Court in London.

Fireworks wholesaler Howard Garman, of Radcliffe, wanted to seek court orders quashing safety regulations introduced in September, claiming they were made illegally without full consultation.

But Mr Justice Forbes refused Mr Garman's application for leave to seek judicial review, saying: "This is a decision I have no difficulty in reaching."

Lawyers for Mr Garman said they would consider whether to appeal.

This year, Mr Garman, who trades as Celebration Fireworks on the Bealey Industrial Estate, Radcliffe, bought £50,000 worth of bangers from China which he cannot sell for November 5. Outside court Mr Garman said the judge's ruling could cost him up to £300,000.

Mr Garman revealed that, to some extent, he might have been the author of his own misfortune as he had labelled "category 2" bangers from China, not due to be banned until the end of the year, as being of the more dangerous "category 3" variety, banned this month.

Mr Garman said he had "erred on the side of safety" and now had more than 1.4 million bangers he could not sell in the UK.

Subject to any appeal, he would have to consider whether he could claw back some of his losses by selling them abroad, he said.

The High Court decision was welcomed by Bright Star, one of the UK's largest manufacturers of fireworks and a senior member of the British Pyrotechnics Association. Andrew Bishop, sales director, said he was "delighted" and added: "The fireworks industry has a responsibility to play its part in making November 5 as safe as possible."

The 1997 Fireworks (Safety) Regulations outlawed supply of "category 3" bangers from October 15 (the day when fireworks for Guy Fawkes Night went on sale under a fireworks industry voluntary agreement) and "category 2" bangers from December 31.

Mr Garman is an agent for Diamond Fireworks which imports from China. The court heard the "arbitrary and rushed" ban would eradicate his 1997 profits.

His counsel, Ms Wendy Outhwaite, warned that the new regulations could lead to a black market in banned fireworks.

Mr Ian Ashford-Thom, for the Department of Trade and Industry, said the ban had not come "out of the blue" and there had been adequate consultation.

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