Firework control zones: guidance for local authorities

8. Reviewing a Zone

Section 31 of the Act requires a local authority to carry out reviews of the operation and effectiveness of its firework control zones. A review can be undertaken for one zone or several zones and, where applicable, can be combined with any proposals made under Section 28 to amend or revoke a zone.

Following the conclusion of a review under Section 31, a local authority must prepare and publish a report with the findings of the review. This report should include any proposals regarding the future of the zone as the local authority considers appropriate.

Local authorities are required to review any control zones designated within their area. This is to understand how a zone is operating and evaluate its effectiveness in addressing the local issues involving fireworks which led to the designation of the zone.

A partnership approach to reviewing the zone – engaging with local police, fire and rescue, community organisations, and other local stakeholders – should ensure that the data considered as a part of the review is robust and covers a range of interests in the geographic area where a zone is designated. Local authorities may wish to utilise existing partnerships, such as a community planning partnership, community justice partnership, or community safety partnership, to support any such review.

8.1 Timing of Reviews

While the Act sets out that reviews must be undertaken, it does not include a minimum time period for the frequency of control zone reviews. The frequency and timing of reviews will be dependent on local circumstances and the period of time that the local authority has designated an individual control zone to be in effect. A zone should continue to operate until the completion of any such review, and a proposal for a zone to be amended or revoked as a result of the findings of any review must be consulted on.

Initial Review

The minimum recommended timeframe for an initial review to occur would be at least 2 years from the point a zone is designated. This is to allow for an initial year of adjustment to the designation of a zone and then another year to build up an accurate picture of the changes the zone has had following this adjustment. A period of 3 years may be preferable to allow for a larger evidence base to be developed and drawn upon.

It is recommended that this period encompasses at least 2-3 years from the time where the issue is at its most prevalent, for example over the traditional bonfire period. This should ensure that the data is comprehensive and allow for accurate comparisons pre- and post-intervention to take place. However, a local authority may decide to undertake a review prior to the 2-3 year timeframe and can undertake a review sooner if that will meet local requirements.

Subsequent Reviews

Following the initial review of a zone, where the decision is taken to either retain or amend a zone, local authorities should consider the outcomes of the review, and their own local processes to determine the frequency of any future reviews. However, firework control zones are not designed to be a tool used in perpetuity. While there are no specified time limits on how long firework control zones can be designated , there should be no longer than a period of 3 years between reviews taking place. This is to ensure that any firework control zone is always based on up-to-date, contemporary evidence.

8.2 Undertaking a Review

Section 31(2)(a) of the Act sets out that a review can be carried out in respect of one or more zones. If there are multiple zones within a local authority boundary, the local authority can determine whether it is appropriate to undertake individual or combined reviews of zones.

Section 31(2)(b) also indicates that a review can be combined with a proposal under section 28 to amend or revoke a zone. This would mean that the outcome of the review could contribute towards the evidence base being considered as part of the proposed changes to, or revocation of, an existing zone.

Local authorities should engage local Police and other local partners at the formative stages of a review, and ensure that any decisions undertaken with regard to the outcomes of this review are taken in conjunction with these organisations given the implications of any changes made on enforcement responsibilities.

Local authorities may wish to link the review back to the initial evidence used to inform the designation of a zone, and the issues it sought to address. This would involve considering whether there is evidence to suggest that the control zone has led to improvements, or otherwise, to specific issues and outcomes. It is worth noting that following a zone being established, the number of reported incidents may rise. This is due to the current tendency for incidents to be under-reported; the designation of a zone and subsequent awareness raising activities could incentivise reporting and lead to what quantitative data would indicate as a rise in incidents. It is therefore vital to complement any quantitative data in a review with qualitative evidence regarding the success, or otherwise, of the zone. It is good practice to seek the views of the local community and partners as part of a review to gain anecdotal evidence of the impact and effect a control zone has had. For example, if a control zone was designated to address issues around the anti-social use of fireworks and the evidence considered to inform designation of the zone included reports to the Police about incidents involving fireworks, noise complaints to the local authority and anecdotal evidence from the local community and partners, these could also be considered as part of a review.

The most appropriate format and structure of the review will be determined at a local authority level, and will likely draw on existing local authority practices, procedures, and tools for evaluating the impact and outcomes of policy. A number of resources are available to support local authority practitioners on evaluation and appraisal of policy.^[91][92][93]

8.3 Publishing Review Report and Outcomes

Upon conclusion of a review, local authorities must prepare and publish a report of the review's findings and make such proposals in relation to the zone, or zones, as it considers appropriate. This could, for example, result in no change to the existing zone, or a proposal to amend the zone boundaries, or to revoke a zone.

The report should be published on the local authority website, and any other platforms the local authority deems appropriate. Local authorities may also wish to utilise some of the awareness raising methods outlined in the Raising Awareness of Zones section of this guidance to publicise the review report and outcomes.

Section 50 of the Act requires that the Scottish Government report on the operation of the Act for the period through to 10 August 2027. The report must include information about:

(a) proceedings and convictions in respect of relevant offences during the reporting period,

(b) the number of incidents connected to fireworks and other pyrotechnic articles which occurred during the reporting period, and

(c) the views and experiences of persons in relation to the use of fireworks in their communities during the relevant period.

Local authorities should notify the Scottish Government of the publication of the review report by emailing fireworks@gov.scot. This is in order for the data gathered as a part of the review to be utilised for the Scottish Government's statutory obligation to report on the operation of the Act for the period through to 10 August 2027.

Local authorities should make every effort to retain any additional data collected for a review of a Zone and make this available to the Scottish Government for the purposes of this report.