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This is an article from the June Bulletin Issue written by Ian Hillier, APEA Council member and Chartered Trading Standards Institute’s lead officer for Petroleum and Explosives.
Fireworks are used in celebrations throughout the world and have been set off in the UK on 5th November to celebrate Guy Fawkes night since 1606.
All fireworks are explosives and are strictly controlled by regulations on how they are packaged, stored, sold and used. The manufacture and importation of fireworks is controlled by the Health and Safety Executive and the safe storage for retail sale is enforced by Trading Standards and the Metropolitan Fire Services. Trading Standards Services ensure the safety of fireworks on sale to the public and the police are responsible for enforcing the laws preventing anti-social behaviour involving setting off fireworks in public places.
As a result of complaints of anti-social behaviour twenty years ago, a Private Members Bill was introduced to Parliament. This became the Fireworks Act of 2003 followed by the Fireworks Regulations of 2004. The regulations created an offence of using adult fireworks between 11pm and 7am except for 5th November, 31st December, Diwali and the Chinese New Year when there is an extension to the late night use of fireworks.
The fireworks which the regulations restrict are:
Category F2 fireworks which present a very low hazard and low noise level and which are intended for outdoor use in confined areas.
Category 3 fireworks which present a medium hazard, which are intended for outdoor use in large open areas and whose noise level is not harmful to human health.
Category F4 fireworks are only available to fireworks professionals.
Category F2 and F3 fireworks can only be supplied to members of the public who are 18 or over.
The sale of adult (Categories F2 and F3 fireworks) to the public is restricted to defined periods around the four celebrations, but an exception was made for specialist fireworks suppliers who have an all year-round licence to supply F2 and F3 fireworks. Fireworks are also available to purchase online.
The Scottish Government brought out its own version of the regulations in 2004; The Fireworks (Scotland) Regulations 2004. The Scottish Government brought out a set of amendment regulations in 2021 to further restrict the sale of adult fireworks, following a consultation exercise to which over 16,000 people and organisations made replies.
The Fireworks (Scotland) Miscellaneous Amendments Regulation 2021 came into effect on 30th June 2021 with more restrictions being placed on the purchase of F2 and F3 fireworks.
The Scottish Government has now embarked on a process of further restricting the sale and use of fireworks in Scotland by publishing a Bill of proposed new legislation. The new Fireworks and Pyrotechnic Articles (Scotland) Bill seeks to restrict the use of fireworks to licensed individuals and groups and to introduce new criminal offences.
The main changes
Fraser Stevenson, the vice chairman of the British Fireworks Association, presented evidence to the Scottish Government’s Justice Committee on 23rd March 2022. The main points of his presentation are as follows:
Proposed new licensing scheme for members of the public
The fireworks licensing system will affect the purchase, acquisition, possession, use and supply of F2 and F3 fireworks by the public. There will be no change in the law regarding the acquisition and use of F4 fireworks by fireworks display organisers with specialist knowledge. It will become a criminal offence to purchase, acquire, possess, or use an F2 or F3 firework without a licence. It will also become an offence to supply any person with an F2 or F3 firework if that person does not have a licence. The onus will be on the supplier to check that the purchaser has a licence.
A completely new concept will be introduced by the legislation. It will become a criminal offence for any member of the public to give a firework to any other member of the public who does not have a licence. It will also become an offence to buy a firework on behalf of anyone under 18 years (proxy purchase). Currently it is not illegal for a member of the public to give fireworks to any other member of the public including children.
No details are available as to how to apply for a licence or how much it will cost or what training is required for the safe use of fireworks. What is clear is the intention to introduce a maximum penalty of a fine of £5,000 and six months in prison for offences against the fireworks licensing conditions.
Applicants for a fireworks licence will be required to attend a training course but no details of the course have been published except that it should address the safe and appropriate use of fireworks.
The sale of F2 and F3 fireworks is currently restricted but the Bill intends to further restrict the sale. There are a number of fireworks outlets which are licensed to sell fireworks to the public all year round. This practice will cease which means that the sale of fireworks will be restricted to periods associated with Guy Fawkes Day, Hogmanay, Diwali, the Chinese New Year and a completely new fireworks celebration of Vaisakhi, (the Sikh New Year).
Further restrictions will be placed on the days when fireworks can be legally used and it will become a criminal offence for the public to use F2 and F3 fireworks on the days which are restricted.
Another new restriction involves firework control zones. Local authorities will have the power to designate areas where fireworks are not permitted to be used at any time. Anyone using a firework in a restricted area will commit a criminal offence.
Pyrotechnic articles will be banned from possession by people travelling to or attending designated events such as a procession or a football match. Alcohol, fireworks and certain other substances have been banned from sporting events for some years. The definition of pyrotechnic articles is much wider than the definition of fireworks. “Pyrotechnic article” means an article which contains explosive substances, or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions.
The restrictions on the sale of fireworks to unlicensed persons and to any person on undesignated days will be enforced by Trading Standards Officers. The Act will create an offence of obstructing a Trading Standards Officer and providing false information to a Trading Standards Officer. Pretending to be a Trading Standards Officer is also a criminal offence. All other offences of illegal possession and use of pyrotechnics will be enforced by Police Scotland who will be given extra powers of entry and search by warrant and stop and search on suspicion.
Exemptions. Employees of specialised fireworks display organisers and public authorities are exempt from the prohibitions of possessing etc fireworks.
Powers of Trading Standards
Trading Standards Officers have the power to investigate possible offences involving the supply of fireworks in the course of a business to unlicensed persons. They also have the power to investigate possible offences involving the supply of fireworks in the course of a business on days or hours when the supply is not authorised.
Officers may enter premises where fireworks are sold and observe the business practices without announcing their presence. They may also take underage persons or persons without a licence to attempt to purchase fireworks. They may also enter premises such as warehouses and offices which are not open to the public but in most cases of routine inspection at least 48hours written notice will be given. Where an offence is suspected no notice needs to be given and any refusal to cooperate can be deemed a criminal obstruction.
A court can award a Trading Standards Officer a search warrant to enter premises including a private dwelling where entry is expected to be refused. Fireworks involved in criminal activity can be inspected, tested, seized, and retained as evidence. Any document relative to an offence can be examined and seized as evidence, this also applies to electronic documents. Officers have the power to break open containers to examine documents or items. Containers includes safes, computers and mobile phones.
A further article will follow to update APEA members of the progress of the Bill and the eventual changes that may take place in Scotland.
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