Firework control zones: guidance for local authorities

3. Consultation on Firework Control Zones

Section 28 of the Act requires that, prior to any decisions being made to designate a firework control zone, or to amend, or revoke an existing firework control zone, consultation must be undertaken.

This means that if a local authority is proposing to designate an entirely new zone, or to amend or revoke an existing zone, a proposal must be developed and consulted on. Similarly, if a decision is taken to amend or revoke a zone following a Review, a proposal must be developed and consulted upon.

There are a number of requirements on local authorities set out in the Act in relation to the proposal that must be developed for the purpose of this consultation, and how consultation must be carried out.

3.1 Develop a Proposal

The Act states that, before designating a place as a firework control zone or amending or revoking an existing firework control zone, a local authority must prepare and publish a proposal in relation to the designation, amendment or revocation of the zone. The local authority must also carry out a consultation on the proposal.

Format of Proposal

Local authorities should consider their audience and objectives when determining the format of the consultation proposal and the type of document produced. The proposal should not make assumptions about which groups will be interested in a particular topic, and any consultation might be required in a different format or accessible version. It is good practice to proactively make alternative formats or accessible versions available.

Content of Proposal

The Act outlines that a proposal for designating, amending or revoking a firework control zone must set out:

• The reasons for the proposed new firework control zone, or for amending or revoking an existing zone.
• The boundaries of the zone.
• The date from which the zone is to have effect and the proposed date that the zone is to cease to have effect.
• The dates of the consultation on the zone proposal, and how the consultation will be conducted.

As well as the information required by the Act, local authorities may also wish to include information on what a firework control zone is and what is and is not permitted within a zone, as set out in the Act, as part of the proposal. This is to ensure that consultees understand what can be changed in a proposal as part of the consultation and what is set out in the Act.

A consultation proposal for a zone will be most robust and effective when a partnership approach to developing the proposal is taken. Local authorities should engage local police and other local partners at the formative stages of developing a proposal, and considering a firework control zone in an area, to enable discussions around enforcement to underpin considerations.

Local authority practitioners may wish to develop a logic model or theory of change as a part of the proposal for a zone in order to illustrate how this will function alongside other preventative and enforcement tools. The Scottish Government have developed guidance^[4] on the creation of logic models which can be referred to in this process.

The reasons for the proposed new firework control zone, or amended or revoked existing zone, must be clearly outlined in the proposal. This should also make reference to the evidence which supports the reasons behind the proposal being developed. Further information on why a zone may be proposed, and the evidence that could be considered, are outlined in the Reasons Why a Firework Control Zone Could Be Designated section.

The proposed boundaries for a zone, outlined in the consultation proposal, should be proportionate and evidence-based. The proposal should include a map which clearly illustrates the proposed boundaries in order to make the geographic area that would be covered by the zone clear, and leave no room for interpretation.

The dates that the proposed zone is to have effect and cease to have effect should be evidence-based and proportionate. Firework control zones are not designed to be used in perpetuity. As well as the proposal setting out when the zone would cease to have effect, the Act requires local authorities to review the operation and effectiveness of zones. Further information can be found in the Reviewing a Zone section of this guidance.

If the proposal is that the firework control zone will operate only on specific dates (e.g. dates where there is a particular reason to restrict firework use in the area), the dates in question should be set out in the consultation. The reasons for proposing these dates should also be given, alongside the evidence supporting the reasons provided.

The published proposal must include details of the dates and process of consultation to be undertaken. Further guidance on designing and conducting a consultation on a proposal for a firework control zone is set out in the Consultation on a Proposal section, below.

As a part of development of a proposal, local authorities should consider the impact of their proposal and, as a part of this process, may wish to consider completion of any impact assessments which may be appropriate. This may vary based on the circumstances of the local authority and the detail of the specific proposal. The process of considering whether impact assessments are required should be started as early as possible so that the results of any assessments completed are able to help shape the decision making process.^[b]

3.2 Consultation on a Proposal

The Act states that a local authority must consult with:

• those who live or work in the proposed zone;
• other members of the local community in or near the proposed zone; and
• any other persons or bodies that the local authority considers to have a connection with, be interested in or affected by the proposed zone.

Who Should be Consulted on the Proposal

The Act requires that people and organisations who may have a connection with, be interested in, or affected by a proposed zone (or proposed changes to an existing zone) must be consulted. The appropriate people and organisations to be consulted will be dependent on the specific proposal and the local authority's knowledge and experience of local circumstances.

Examples of the individuals and organisations that this could include, but is not limited to, are:

• All registered domestic addresses within, and near, the proposed zone;
• Businesses based within, or near, the proposed zone;
• Community councils where all, or a part, of their area would be affected;
• Local community groups within, or near, the proposed zone;
• Local youth groups or organisations within, or near, the proposed zone;
• Emergency services;
• Local healthcare providers;
• Professional fireworks operators and retailers in the area;
• Organisations representing the interests of disabled persons;
• Veterans organisations;
• Animal welfare organisations and veterinarians;
• Faith groups in the community;
• Environmental organisations, including those responsible for managing any nature reserves or other areas of significance and air quality organisations;
• Refugee communities in or near the area;
• Registered landlords in the area.

While it is for the local authority to determine who the appropriate consultees may be, the Reasons Why a Firework Control Zone Could Be Designated section of this guidance outlines the issues which local authorities may wish to consider in designating a zone, and stakeholders who may be useful to engage in doing so. A local authority may also wish to use the identified issues to form the basis of the individuals or organisations to engage with as part of the consultation.

Running a Consultation on a Proposal

Local authorities can consider the National Standards for Community Engagement when consulting on the proposal. These are good practice principles designed to support and inform the process of community engagement, and improve what happens as a result. A visualisation of the standards is included in Figure 1.

Figure 1: The National Standards for Community Engagement

• Inclusion: We will identify and involve the people and organisations that are affected by the focus of the engagement.
• Support: We will identify and overcome any barriers to participation.
• Planning: There is a clear purpose for the engagement, which is based on a shared understanding of community needs and ambitions.
• Working Together: We will work effectively together to achieve the aims of the engagement.
• Methods: We will use methods of engagement that are fit for purpose.
• Communication: We will communicate clearly and regularly with the people, organisations and communities affected by the engagement.
• Impact: We will assess the impact of the engagement and use what has been learned to improve our future community engagement.

These standards are intended to act as a reference point for best practice and are designed to reflect policy relating to participation, engagement, and community empowerment in Scotland. They have been widely accepted by a range of practitioners as key principles for effective practice.

They can be used by local authorities to help them plan how to involve communities in shaping local plans and services, identify who should be involved, and make sure that the community engagement process is fair and effective.

When setting out in the proposal how the consultation is to be conducted, local authorities may wish to be mindful of the risk of communities facing 'consultation fatigue' due to the various topics and issues that a local authority may be consulting a community on at one time. Dependent on local circumstances, consideration may be given to alternative approaches to a traditional written consultation to mitigate this. Consulting with communities in a collaborative and tailored way, and having meaningful conversations, can maximise the effectiveness of a consultation.

When considering the dates of a consultation, and the length of time it will run, there must be sufficient opportunity for consultees to participate. There is no set timeframe for consultations in the Act. However, it is generally considered good practice to run a traditional written consultation for between 8-12 weeks. Alternative methods of consultation may result in a shorter or longer period than this. A local authority may, therefore, depart from this timeframe if there are clear, justifiable reasons for doing so and as long as they can justify that the timeframe provided for response remains proportionate and does not prevent participation by individuals. This includes, for example, if there is a pressing local need to conclude the consultation within a shorter timescale or if local circumstances mean that extending the consultation period will enable significantly higher levels of engagement.

As outlined below in Publication of a Decision on Proposal, local authorities are required to publish the decision on the consultation proposal once the consultation has concluded. However, during development of the consultation, local authorities may wish consider how to signpost consultees to where they will find this information and be able to follow progress of the consultation.

The local authority should take any such steps as it considers appropriate for adequate publicity about the consultation to ensure that it is available to persons likely to be affected by it. Methods used may include, but are not limited to:

• publishing the proposal on their website,
• circulating information through social media channels,
• issuing letters to those who live or work within, or near, the boundaries of the proposed zone,
• putting a notice into local newspapers,
• notifying community councils and other relevant stakeholders, and
• any other means it is considered appropriate to utilise.

In many cases, a digital consultation alone may not be an accessible consultation format. Local authorities should give due consideration as to how to make information available and accessible to anyone who may wish to respond to the consultation. For example, this could include making paper copies available at a local authority office or building so that those without access to the internet have the opportunity to respond.

The Raising Awareness of Firework Control Zones section outlines a number of additional methods of awareness raising, which were suggested by communities through our workshops to support the development of this guidance. Although these were suggested with the aim of raising awareness of a zone being designated, these may also be appropriate for raising awareness of a consultation on a zone.

3.3 Publication of a Decision on Proposal

Section 29 of the Act sets out that following a consultation on a proposed zone (or proposed change or removal of an existing zone), a local authority must publish a document which confirms whether or not it is proceeding with the proposal, sets out any changes to the proposal which have been made (regardless of whether or not as a result of the consultation), and explains how it had regard to the views expressed during the consultation process.

The local authority must publish the document as soon as practicable after the decision is made. Where a decision has been made to proceed with the proposal, the document must be published at least 60 days before the day on which the proposal is to have effect.

It is best practice for the decision on a proposal to be published as a part of a report ("consultation report") which, as well as including the decision information required in the legislation, also sets out:

• a summary of both the consultation responses and the analysis of the responses received;
• the local authority's reasons for whether or not it intends to proceed with the proposal and how this has taken consultation responses into account;
• information on the responses received, such as the number of responses, an overview of who responded to the consultation, and
• the local authority's response to the issues raised by consultation respondents.

The decision on the proposal, or the consultation report including the decision, should be:

• published on the local authority's website; and
• publicised in any other way the local authority considers appropriate.

It is best practice for responses to a consultation to be published within 12 weeks of the consultation closing, or a reason should be published as to why this is not possible.^[5] If the decision has been taken to proceed with a proposal in relation to a fireworks control zone, the consultation report must be published at least 60 days before the date on which the proposal will have effect.