A headteacher who wanted the right to shoot seagulls to protect children from bird flu has been refused a licence.

Derek Greenup, of William Parker comprehensive school in Hastings, wrote to Government officials last month asking for a special licence to gun down the birds at weekends.

But he has been banned from taking action. Now he will use a sound device that sends out the cry of a falcon to scare off the seagulls.

Others could follow suit after the Department for Environment, Food and Rural Affairs (DEFRA) issued a warning that anyone killing wild birds because of flu fears could be prosecuted.

The Royal Society for the Protection of Birds said firing shots at wild birds would make them scatter, potentially creating an even bigger problem if there was bird flu.

A spokesman said: "There are rules under which herring gulls can be culled but they don't apply in this case. There is no threat to public health, certainly not from bird flu."

Wild birds are protected under the Wildlife and Countryside Act. It is an offence to kill, injure or take any wild bird; take, damage or destroy the nest of any wild bird while that nest is in use; and take or destroy an egg of any wild bird.

DEFRA can issue gun licences to allow the control of wild birds for specific purposes such as preserving public health and safety or preventing the spread of disease. But it ruled that, given the minimum public health risk, the use of licences was not appropriate.

An East Sussex County Council spokeswoman said one of Mr Greenup's main concerns was to keep seagulls off the playing fields in case bird flu entered the country. She said: "We met with the headteacher who confirmed he would not be seeking permission to cull seagulls.

"He said he would be using a sound device which sends out the cry of a falcon to deter seagulls."