Tribunal overturns police refusal of fireworks assistant licence

The Administrative Review Tribunal has upheld an appeal by Cian Portelli, revoking a decision by the Commissioner of Police to refuse him a Category B Firearm Licence on public order grounds.

In a decision delivered on Monday, the tribunal annulled the police refusal issued in October 2024, finding that the assessment of Portelli’s past conduct had been disproportionate in the circumstances.

Portelli had filed the appeal in November 2024 after the Commissioner of Police rejected his application under Article 26D(3) of the Explosives Ordinance, which allows a licence to be refused in the interest of public order or public safety.

The refusal letter cited concerns arising from a number of police reports filed against the appellant over several years.

A Category B Firearm Licence permits its holder to assist in the manufacture of fireworks and to access fireworks rooms, provided the work is carried out under the constant supervision of a Category A licence holder.

Before the tribunal, Portelli argued that the refusal was unjustified and inadequately reasoned, particularly given that the law does not define what constitutes the “interest of public order”. He maintained that he had no criminal convictions and that several of the reports relied upon by the police had been closed without action or had resulted in acquittals.

The Commissioner of Police, represented before the tribunal, insisted that the decision was taken lawfully and in the public interest.

The police pointed to seven reports made against Portelli between 2020 and 2023, involving allegations such as domestic disputes, voluntary damage, minor injuries and verbal altercations, arguing that these raised concerns about his character and suitability to hold a licence involving explosives.

Evidence was heard from Inspector Therese Sciberras of the Central Arms Office, who described Portelli as having been involved in multiple fighting incidents and characterised him as impulsive. She acknowledged that some reports were closed but said this did not mean the underlying incidents had not occurred.

The tribunal also heard testimony from Portelli and his father, Kevin Portelli, who spoke about the appellant’s difficult adolescence following his parents’ separation and his involvement in fireworks as a stabilising influence. The father confirmed that he himself holds a Category A Firearm Licence and would supervise his son’s work.

In its decision, the tribunal noted that the incidents relied upon by the police occurred when Portelli was between 14 and 17 years old and were largely connected to a troubled family environment.

It observed that no evidence of convictions had been produced in relation to the reports exhibited and that there had been no further incidents reported since September 2023.

While acknowledging the Police Commissioner’s responsibility to safeguard public order, the tribunal held that excessive weight had been given to the reports when balanced against the absence of convictions, the passage of time and the structured, supervised nature of the work for which the licence was sought.

The appeal was upheld, the police decision of 28 October 2024 was revoked and annulled, and the tribunal ordered that costs remain untaxed between the parties.

Magistrate Charmaine Galea presided.