the
law
New legislation
has been introduced to help to make
fireworks safer to use and to tackle
their deliberate misuse. It affects
how fireworks are imported, sold and
used, and places restrictions on possession.
It means that fireworks will be safer,
less noisy and can only be let off
at certain times. It also means that
those misusing them to either damage
property or injure will be able to
be dealt with by the relevent authorities.
As a consumer, you along with retailers,
have new responsibilities.
legislation and you
Fireworks will only be widely available
during the weeks leading up to Bonfire
Night and a few days before New Year's
Eve, Diwali and Chinese New Year. For
the rest of the year, you will only
be able to buy fireworks from shops
that are licensed to supply them.
penalties
It is an offence under section 80 of
the Explosives Act 1875 to throw or
set off fireworks in any highway, street,
thoroughfare or public place. The power
to enforce this section of the Act rests
with the police. Anyone found guilty
is liable to pay a fine of up to £5,000.
Penalty notices for disorder (on-the-spot
fines) can also be issued for this offence,
attracting the upper tier fine of £80.
In Regulations made under the Fireworks
Act 2003, it is also an offence for
the under 18s to possess fireworks
in a public place and for anyone to
let fireworks off during night hours
(11pm to 7am). As from 11 October
2004, police also have the power to
issue penalty notices for disorder
for these offences. Again, the offence
attracts the upper tier fine of £80.
Under section 1 of the Protection
of Animals Act 1911 it is an offence
to cause any unnecessary suffering
to any domestic or captive animals.
The penalty on conviction is a fine
of up to £5,000 or up to six
months imprisonment, or both. Enforcement
of this section of the Act rests with
Trading Standards, the Police or the
RSPCA as appropriate.
legislation and retailers
How
the changes in the law affect retailers
is described in more detail in their
section of this site, see retailers
and public bodies GO
The main points are...
Shops have to register or obtain
a licence from Trading Standards to
be allowed to store fireworks for
sale. If they aren't registered or
licensed, retailers could be fined
up to £5,000 or given a prison
sentence of up to six months.
It is illegal for retailers to sell
caps, cracker snaps, novelty matches,
party poppers, serpents and throwdowns
to anyone who is under 16 and to sell
all other fireworks to anyone who
is under 18.
Retailers must only sell fireworks
that conform to British Safety Standards
and meet certain noise conditions.
They must have BS 7114 printed on
the box.
As from 1 January 2005, unless they
have a special licence, suppliers
must only sell fireworks during the
weeks leading up to Bonfire Night,
New Year's Eve, Diwali and Chinese
New Year.
Civil Aviation Authority (CAA) Firework Safety Warning
You should be aware that the CAA
has guidelines for organisers of major
events using fireworks near airports.
Further details are available from
the CAA
website
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