KC’s Fireworks Displays takes suspension order to tribunal

A Sunshine Coast fireworks business has attempted to postpone a suspension imposed on it after a number of safety breaches were observed at a New Year’s Eve show.

Clive Featherby of KC Fireworks.

A popular fireworks business, well-known for its Sunshine Coast displays, attempted to stay a six-month suspension after a number of safety breaches took place at a New Year’s Eve show.

Documents from the Queensland Civil and Administrative Tribunal state the six-month suspension of KC Fireworks Displays came after the business was found to have not followed the correct safety procedures during a New Year’s Eve display in Pelican Waters in 2022.

Resources Safety and Health Queensland imposed separate suspensions for both KC Fireworks Displays and the company’s director, Clive Featherby.

Neither the company nor Mr Featherby is accused of any criminal wrongdoing.

The tribunal documents state three breaches of the code of practice regarding the control of outdoor fireworks took place during the firework display, including three people who were within the minimum clearance distance without appropriate protective equipment.

“As shown in the video evidence which was obtained by Inspector Symmans of the Quayline Close Display you allowed three people not directly involved in the display to remain within the 40 metre minimum clearance distances calculated for the display,” the decision stated.

The initial decision, which was made on August 23, 2023, also stated director of KC’s Fireworks Display, Clive Featherby, had continued to light fireworks while people not involved in the display stood within metres.

Mr Featherby argued to the court the suspension was “out of proportion” and he would soon need to take action regarding the viability of the company.

The documents state KC Fireworks filed an application to review the decision on September 1, 2023, followed by another application to stay the decision.

The documents state at the time of the QCAT decision delivered on February 14, the suspension order had less than 10 days before its expiration, with QCAT Judge Lumb adding no detailed material had been provided to indicate the impacts of the suspension continuing for the rest of the period.

“The material does not descend into detail and does not permit the Tribunal to make an assessment of the likely extent of the financial impact of the suspension, or of the likelihood that it may result in the cessation of the business carried on by KC Fireworks (and Mr Featherby),” Judge Lumb said.

Ultimately, Judge Lumb ordered the application to stay the decision be dismissed.

“In the circumstances, I am unable to identify any real utility in granting a stay at this stage, even if a stay were otherwise warranted,” Judge Lumb said.

Mr Featherby declined to comment about the appeal but indicated he was not finished taking action.

Originally published as KC’s Fireworks Displays takes suspension order to tribunal