Douglas council officials have been left red-faced after an oversight saw their 2016 firework display staged without a licence.

At a hearing in Douglas magistrates’ court, director of prosecutions Richard Butters told the bench a licence was granted to hold the event on Saturday, November 5. He said at the time, the council was told if it needed provision to stage the event on a different day, should it be cancelled through bad weather, this could be granted. But this was deemend not necessary and no contingency licence was sought.

However, technical difficulties on November 5 saw the display delayed then cancelled, leaving thousands of people lining the promenades disappointed.

He said when the contractors offered to stage the event the following day, November 6, by way of compensation, the council agreed, but this was done with no variation to the licence, which was still valid only for the previous day.

The court was told council chief executive Kathleen Rice was spoken to by police but on taking legal advice she refused to be further interviewed and the council refused an offer to accept a caution. Mr Butters stressed Mrs Rice was acting in good faith on the council’s behalf, on the basis of instructions she was given.

’I don’t want any criticism attributed to the police. The council was given the opportunity to extend the licence to November 6 but they did not. This was an unlicensed event.

’They had the chance of a caution but they declined. This would open the floodgates to other unlicensed events,’ Mr Butters said.

In addition, he said the absence of a licence could have invalidated the council’s public liability insurance leaving it out of pocket should someone in the 6,000-strong crowd have had cause to make a claim.

’It would have had a financial impact on the council and thus on the public purse,’ he said.

Moreover, he said he had to consider the logic of pursuing a case against the council which was staging an event for Douglas residents, when any fine would end up being paid by council funds. He said he, the attorney general and the solicitor general were all agreed it was in the public interest to pursue the matter but a caution should be offered, however it was declined.

’We did everything we could to avoid this court action,’ he said.

Representing the council, Jeremy Callin told the court the licence specifically related to the musical score that accompanied the firework display and strictly speaking, no licence would have been required had no music been played. He said in effect the council’s breach was a technical infringement only. He denied the breach would invalidate the insurance.

’It is something that should not have come before the court,’ he said.

’It is really a victimless crime.’

The original plan was that if the event did not go ahead it would be cancelled and this was why no leeway was sought on the date of the licence.

’There is no fault on the part of the officer: those were her instructions,’ he said.

Magistrates’ chairman Lisa Horton said it was important to comply with the licensing laws. The council was fined £250 with £250 costs.

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