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FACTSHEET and Frequently Asked Questions (FAQs) Subject: Sale and Use of Fireworks Relevant or Related Legislation The Fireworks (Safety) Regulations 1997 Current Position Over the last year there has been increased concern about the use of fireworks, and a large increase in complaints from the public relating to noise, neighbourhood safety and general nuisance from fireworks. In response, the Government has been exploring with enforcement authorities, the fireworks industry and retailers to see what action can be taken within existing legislation to address people's concerns. On 15 October 2002, Melanie Johnson, Minister for Consumers, announced a package of measures (described in more detail below) which aim to reduce noise and nuisance from fireworks. Key Facts • Voluntary restraint by the fireworks industry will from the 1 January 2003:
• Subject to consultation, we will enshrine the voluntary ban on air bombs in legislation (through an order under S11 of the 1987 Consumer Protection Act) • Reinforcing the terms of the voluntary sales agreement with retailers. A number of larger retailers have subscribed and there is evidence from Trading Standard Departments of local codes to adhere to the agreement. • Pilot of £40 fixed penalty notices for letting off fireworks in the street in four Police authority areas; Metropolitan Police - Croydon; West Midlands Police - including British Transport Police; North Wales Police - Central Division; Essex Police. • Seeking to make it easier for local authorities to use the Night Noise Offence within the Noise Act 1996 which targets excessive noise from domestic premises (which includes gardens) after 11pm and before 7am. • DEFRA are proposing to amend the legislation relating to the welfare of captive and domestic animals - with a view to a new Animal Welfare Act 1911. They will look into whether there is scope, within a new Act, to take more effective action where the welfare of captive or domestic animals is being endangered through the reckless discharge of fireworks. • Improved Health and Safety Executive/Customs co-operation in tracking imports to illegal sales, and storage and enforcement by Trading Standards Departments, through:
Q1. Why doesn't the government pass laws to regulate fireworks? Q2. How many people are injured by fireworks each year? Q3. Why doesn't the Government do more to warn the public about fireworks hazards? Q4. Will the Government ban fireworks? Q5. What is the Government doing about the distress and injuries caused to animals? Q6. What is the Government doing to stop people throwing fireworks in the street? Q10. Wouldn't it be better to limit the use of fireworks to organised displays? Q11. How can we be sure that organised displays are safe? Q12. Most fireworks are imported. How can we be sure they are safe? Q13. Where can I get further information?
All fireworks sold to the general public must comply with the Fireworks (Safety) Regulations 1997 (SI 1997 No. 2294). These Regulations, among other things;
Local authority trading standards officers enforce the Regulations. Suppliers, including shopkeepers, who breach the requirements can be prosecuted in a magistrates court and if found guilty can be fined up to £5000, face a term of imprisonment of up to six months, or both.
1,362 people required treatment at hospital casualty departments during the 2001 firework season. This represents far too many people being hurt and is an increase in injuries from the 972 in 2000. We are increasing our efforts to educate people on safe use of fireworks, particularly in those areas where injuries are highest.
The DTI runs an annual firework safety campaign working closely with the police, fire brigades, and local authority environmental health, education and trading standards departments as well as certain charities. For 2002 we redoubled our efforts and focused the campaign on the misuse of fireworks by young teenagers. Injuries to this group are disproportionately high and are more likely to result from casual incidents in the street or public places, which were up by nearly 60% on last year. Information packs on how to promote firework safety campaigns at local level have been issued to all the participating bodies. The packs contain material on organising private and public displays, firework safety legislation and other information on the safe use of fireworks. Display posters, leaflets aimed at consumers and TV fillers will be used to get the safety message across. Schools will be particularly targeted with an activity pack. In addition, many local authorities and fire services run local firework safety campaigns in the run-up to the firework season and play an active role in informing retailers of their legal obligations.
No. The Government does not believe that the case has been made for banning the sale of fireworks to the public. We have looked very closely at this, and believe that such a ban could lead to the development of a black market in fireworks and could also encourage people to produce homemade devices. When used sensibly and with consideration for others, fireworks are a very popular form of family entertainment.
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 £5000 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.
This is already an offence under section 80 of the Explosives Act 1875 which prohibits the throwing or setting off of 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 a fine of up to £5000. In addition, on-the-spot fines (fixed penalty notices) can be given for throwing fireworks in 4 areas piloting the use of these fines for a range of offences.
At present, the government has little scope to cut the noise level of fireworks, though the overall size of fireworks which may be supplied to the public is controlled under the Fireworks (Safety) Regulations1997 which require all such fireworks to meet the requirements of British Standard 7114: Part 2. Currently, the Government can only make regulations controlling fireworks where this relates to the safety of the public; loud noise whilst a very serious issue is not a question of safety. Setting low noise levels would require primary legislation. However, work is currently in hand within Europe to develop a European harmonised standard on fireworks, and this will, for the first time, set decibel levels. In addition the industry has volunteered to reduce the noise levels in line with forthcoming standards from next year. The noise from fireworks could be deemed a statutory nuisance under Part III of the Environmental Protection Act 1990 which is the responsibility of the Department of the Environment, Food and Rural Affairs (DEFRA). This Act provides local authorities with powers to prevent or abate noise nuisance from premises and land. It is for local authority environmental health officers to judge whether a problem complained about may be considered a "statutory nuisance" and to act accordingly. In addition Authorities may adopt the Noise Act 1996 , enabling penalties of £100 to be applied following a 10 minute warning for excessive noise caused between 11pm and 7am.
Under a long-standing voluntary code of practice the firework industry has agreed that fireworks should only be sold in the three weeks before 5 November and for a few days afterwards, and for a similar period around New Year. Government, industry and trading standards authorities have all reinforced this message to retailers. We believe this helps to contain the period when fireworks are generally available to the public. Without primary legislation there is no power to enforce this voluntary code. We are also aware that in our multi-cultural society, there are a number of festivals where the use of fireworks is traditional e.g. Diwali, Chinese New Year, and we need to ensure that we do not take action which prevent or undermine these festivals.
It is an offence to keep fireworks (except those for private use) on premises which have not been registered or licensed for that purpose. The Health and Safety Executive and Trading Standards vigorously enforce this law. Under the Control of Explosives Regulations 1991 individuals can store fireworks for private use for up to 14 days provided they are kept in a safe and suitable place with due precautions for public safety.
It is sometimes argued that the use of fireworks should be restricted to licensed organised displays. But fireworks can provide a popular form of family entertainment provided they are used safely and the Government is not persuaded that there is a case for banning the retail sale of fireworks.
Many public displays are covered by the 1974 Health & Safety at Work Act. This requires that the safety of operators and the public must be safeguarded. While we encourage all operators to be properly trained, the Government does not have the powers to introduce mandatory training schemes.
Most fireworks sold to the general public in the UK originate in China. But whether fireworks are imported or made here in the UK, all which are intended for use by the public, must meet the requirements of the Fireworks (Safety) Regulations 1997 (set out above) and the British Standard BS 7114.
Further information on the Regulations
and the DTI's firework safety campaign can be obtained from visiting the
Home Safety Network website: www.dti.gov.uk/homesafetynetwork.
Copies of publicity campaign material can be downloaded from this site.
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