Meeting documents

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Prohibits persons under eighteen from possessing an ‘adult’ firework in a public place. The term ‘Adult’ firework is defined in the Regulations and is effectively all fireworks except caps, cracker snaps, party poppers, sparklers and throwdowns.

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Prohibits persons of any age from possessing a category 4 firework (professional display firework).

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Both of the above prohibitions are subject, in summary, to the following main exceptions: organisers of professional displays, manufacturers and suppliers of fireworks and persons using fireworks in the course of their trade such as special effects purposes.

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Contravention of the Regulations is a Criminal Offence and their enforcement has been transferred from Trading Standards to the relevant police force.

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The creation of a prohibition on the supply of air bombs to the general public, this formalises a voluntary ban agreed by the industry in 2003, which has not been as effective as it might have been;

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Tightening up the definition of mini rockets, to include other smaller rockets not presently included. This will prohibit inherently unsafe products being available on the market; and

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The creation of a strict liability offence for suppliers selling fireworks to those under eighteen, replacing the existing due diligence defence so compelling retailers to check the age of purchasers if there is any doubt as to their age.

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To make permanent the Fireworks Regulations 2003 as outlined above. The Home Office are currently working to improve the enforcement powers available to the police including stop, search and seize powers, making possession an arrestable offence and punishable by using Fixed Penalty Notices.

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To create a curfew on the use of fireworks – set between 11 pm and 7 am, with the inclusion of exemptions for traditional (November 5th and New Years Eve) and multicultural celebrations (Chinese New Year and Diwali) when permission is extended to 2.00 am. It is proposed that the police enforce the curfew, which is considered to be appropriate as they are likely to be in receipt of complaints about breaches and are in a position to respond. Dispensations to the curfew will be available for organisers of firework displays by application to the Local Authority implementing the Licensing Act 2003. It is thought appropriate to suggest that the Local Authority should be able to charge a fee for dispensation requests and that breaches of the curfew could be punishable by a Fixed Penalty Notice.

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To prohibit the supply to the public of fireworks that exceed 120 decibels. This relates to the limit set by a European Standard and enforcement would fall to Trading Standards Officers. The intention of this limit is to minimise distress to people and animals but this level is not as low as suggested by the RSPCA and it is thought appropriate that the lower limit be suggested for use in the Regulations.

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The creation of a licensing regime whereby those intending to supply fireworks to the public all year round are required to apply for a licence from their Local Authority. The Regulations would allow for the sale of fireworks for three days before and the day of the celebrations mentioned above with the exception of 5th November when they would be allowed to be sold for three weeks before and five days after 5th November. The cost of the licence would be set at a maximum of £200 and the Local Authority could refuse it on the grounds of potential increase in anti-social behaviour or injuries. It is considered appropriate to suggest that the licensing authority would be responsible for enforcement and it would be good practice to consult the department that issues licences under the Licensing Act 2003 but also the police and their comments taken account of before a licence is granted.

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A requirement that all suppliers to the public display a notice informing customers of the law regarding underage sales and possession. This would be enforced by Trading Standards Officers; and

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The creation of an importation requirement, so as to allow an audit trail from port to point-of-sale to clamp down on illegal storage and distribution. In practice this would mean an additional entry to the current standard Customs and Excise entry form.