Firework control zones: guidance for local authorities

2. Firework Control Zones - Overview

A firework control zone is an area within a local authority's boundaries in which it is a criminal offence for a member of the public to ignite a firework, including on private property such as a garden. It is also an offence to fire a firework into the boundaries of a zone; or to knowingly or recklessly throw or cast a lit firework into a zone. This does not apply to category F1 fireworks, which will still be permitted within firework control zones subject to any other legal controls on their use. Category F1 fireworks are indoor or close proximity fireworks with minimal safety distances. These can include sparklers, novelty items, indoor fireworks, and party poppers.

A firework control zone is not intended to be a catch-all solution to deal with issues involving fireworks. If a local authority and local partners consider a firework control zone to be appropriate, it is expected that a zone would be utilised alongside other preventative and enforcement tools to have maximum effect. Existing approaches and tools utilised by local authorities to deal with issues involving fireworks are outlined in the Alternative Approaches to Firework Control Zones section of this guidance, alongside case studies from local authorities where alternative approaches have worked well and have had a positive impact in communities.

It will be for the local authority to identify an appropriate team to lead on the implementation of firework control zones locally. Due to the range of issues that could lead to the designation of a firework control zone, this may involve engagement across teams within the local authority with responsibility for community safety, environmental protection, equalities and animal welfare.

2.1 Enforcement and Exemptions

Section 41 of the Act sets out that if a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under the Act, the constable may—

• search that person without warrant, and detain the person to permit the search to be carried out,
• stop and search a vehicle (and anything on or in it) without warrant,
• seize and retain any item found in the course of a search which may be relevant to the commission of the offence.

A person who commits an offence under the Act in relation to a firework control zone is liable, on summary conviction, to imprisonment for a maximum of 6 months or a fine of up to £5,000, subject to any future changes to the standard scale.

A limited number of exemptions apply to firework control zones, when the use of fireworks will be permitted in a zone. These are when fireworks are used:

• For the purpose of a public fireworks display (see section 2.2 below);
• In connection with a regulatory authority's functions; or
• For necessary safety purposes by a business engaged in the manufacture, importation, distribution or supply of fireworks.

In line with the approach to other offences relating to the use of fireworks, Police Scotland will have responsibility for enforcing offences related to the illegal use of fireworks within firework control zones.

Local authorities should ensure that a partnership approach is taken to considering and developing the proposal to designate, amend, or revoke a firework control zone. Local authorities should involve local police and other local partners at the formative stages of considering a firework control zone and developing a proposal in an area. Early engagement is vital in understanding the feasibility of enforcement for a potential zone and enables discussions around enforcement to underpin considerations.

2.2 Public Firework Displays within Firework Control Zones

Public firework displays will continue to be permitted within an area designated as a firework control zone, subject to certain requirements. It is not an offence to use fireworks in a firework control zone if it is:

• For the purpose of a public fireworks display by a professional fireworks operator; or
• For the purpose of a public fireworks display organised by a community group, sports club, or other similar organisations.

Section 51 of the Act defines a "public fireworks display" as a fireworks display at which the public, or any section of the public, are able to attend (whether or not they have paid) that complies with regulations made under section 6 of the Fireworks Act 2003. At the time of this guidance being published, there are no regulations made under section 6 of the 2003 Act, meaning that the definition of public fireworks display as set out in Section 51 should be applied.

There are different ways a community group can prove that they are organising a public display and fit within this exemption. For example, a local authority issued public entertainment licence or public liability insurance documents for the firework display could be used as evidence.

While the enforcement of any offences within a firework control zone, and any application of the exemptions, remains a matter for police, the Crown Office and Procurator Fiscal Service, and ultimately the courts. Under this definition, the following could expect to be included as examples of a public fireworks display:

• Large scale public firework displays organised by the local authority;
• Small scale, local community firework displays organised by a community group or charity, including religious or cultural festivals at a place of worship;
• Music concerts or festivals at outdoor venues where fireworks are used as part of the event;
• Events in stadia, such as sports or music events, where fireworks are used as part of the event.^[a]

In an area where a firework control zone has been designated, public firework displays continue to be subject to existing local licensing requirements for such displays to take place, for example, a public entertainment licence or temporary public entertainment licence. The designation of a firework control zone does not replace the need for local licensing requirements to be met for public firework displays. Existing criteria for consideration of public displays should continue to be applied by local authorities.

In line with existing local requirements, a range of factors will continue to be considered by local authorities when determining appropriate locations for public firework displays and it is not expected that the existence of a firework control zone will be a reason for declining applications to hold public firework displays. Communities have expressed the value and enjoyment of well organised public fireworks displays. It is recognised that these can provide a route for communities to come together to enjoy fireworks in a safe and appropriate way.

2.3 Dates That a Zone is Operational

Section 27 of the Act states that a firework control zone operates, and offences apply, on all days that the zone has effect; if the designation specifies particular days on which the zone is to operate, then, the offence only applies on the days where the zone is in operation Section 28 states that the dates that it is proposed a zone is to be operational must be included within any consultation proposal.

The Act does not set out any minimum or maximum time periods or dates for which a firework control zone should be in operation. It is considered that the appropriate length of time that a zone is in effect will vary in different communities due to local circumstances, meaning that there is local flexibility around when a firework control zone is in operation. For example, a zone may be designated for a number of weeks to deal with a specific issue at a certain time of year. Alternatively, in an area with persistent, ongoing issues with fireworks, it may be designated year-round.

The dates that a firework control zone is in operation should be evidence-based and proportionate. A local authority should be able to demonstrate why the dates a zone is in effect are considered necessary. Local authorities should involve the local police, other local enforcement partners, and other emergency services at a formative stage when considering the dates that a firework control zone will have effect. This will enable discussions to take place at the outset in relation to enforcement, allowing this to underpin consideration of appropriate dates, and ensure that local data is utilised effectively in the decision making process.

The dates a zone is operational must be included in the proposal to designate, amend, or revoke a zone that will be consulted on. This ensures that local community members, businesses and anyone else affected, or with an interest, will have the opportunity to share their views on the proposed dates. The views gathered during the consultation should be taken into consideration when publishing a decision on a proposal and setting out the dates a control zone is to be in operation.

2.4 Boundaries of a Zone

Sections 28 and 30 of the Act set out that the boundaries of a zone must be clearly set out in any consultation proposals, as well as in any publicity for a zone when they are designated or amended.

The Act does not set out any minimum or maximum geographic size or area that can be covered by a firework control zone, or the cumulative area that a local authority may designate as a firework control zone(s) within its boundaries.

The appropriate size for a control zone is best determined at a local authority level, as this will be dependent on local circumstances. For example, in a densely populated, urban area a zone may cover a small area where there are known issues with fireworks, whilst in a rural area a zone may cover a larger geographical area as it is less densely populated and issues may be more geographically spread as a result. This is not to be taken as a rule, however, as a zone in rural areas could similarly cover a targeted area of problematic fireworks use, such as if fireworks were disrupting livestock, and a larger area in a densely populated urban area, where evidence supports this need.

It is essential that the boundaries of a zone are developed in partnership with local police, the fire and rescue service, and other local partners, to ensure that all local intelligence is utilised and that the resultant boundaries are proportionate, as well as being enforceable and grounded in evidence.

Firework control zones have not been designed as a measure to cover a whole local authority area, or to cover extensive parts of a local authority area. The geographic size or area covered by each firework control zone must, therefore, be evidence-based and proportionate. A local authority should be able to demonstrate why it is considered necessary for a geographic area to be covered by a zone.

As the proposed boundaries of a zone must be included within any consultation proposal, local community members, businesses and anyone else affected or with an interest will have the opportunity to share their views on any geographic boundaries. These views should be taken into consideration when considering the final boundaries of a zone, where a decision is taken to proceed with a proposal.