Firework control zones: guidance for local authorities

4. Reasons Why a Firework Control Zone Could Be Designated

There are a range of issues and concerns that communities and stakeholders raise about the use of fireworks. This includes issues such as the deliberate misuse of fireworks, as well as the disturbance that can be caused by the unpredictable use of fireworks as part of a private display, and the impact this can have on people and animals.

This section sets out some of the key issues that have been highlighted by communities and stakeholders throughout extensive consultation and engagement, and the evidence that could be used to inform considerations of whether a firework control zone should be designated to address these. If a community is experiencing the issues detailed, however, this does not mean that a firework control zone is necessarily the most appropriate measure to be adopted in response. Due consideration should be given to all available strategies to ensure that the approach adopted is proportionate.

It is expected that local authorities will apply their knowledge and experience of different areas to take a proportionate and balanced approach to determine the most appropriate route to dealing with firework issues, which may or may not include designation of a firework control zone. Further information on other routes to tackling issues involving fireworks can be found in the Alternative Approaches to Firework Control Zones section.

It is also important to note that this section is not exhaustive. Local circumstances may mean that there are others issues involving fireworks that a control zone could be used to seek to address, with other evidence sources to support this.

It is expected that local authorities will use a range of evidence sources to inform consideration of a firework control zone. Local authorities may find it useful to consider the cumulative impact of the reasons or evidence for a zone being established. The views and experiences of communities and stakeholders will be key to understanding why a firework control zone may be required in an area. Wherever possible this should be supplemented by quantitative evidence, however it is recognised that this may not always be available. Where there is a lack of quantitative evidence, this should not be a barrier to a zone being established should other sufficient evidence for a zone be available.

The noise associated with fireworks is not a specific heading within this section of this guidance, but is a factor across a number of the possible reasons for designation of an area as a firework control zone. Noise pollution from fireworks can exceed 85dB – the level at which harm can occur to human eardrums^[6] – and recent evidence suggests a very small number may exceed the 120dB noise limit threshold.^[7] Anecdotal evidence also points to the disruptive effects which the unpredictable nature of the noise associated with firework use can have on communities.

A range of factors^[8][9] can influence the noise that is produced by a firework, including the physical environment where a firework is being used, and the effects created by a firework. There are tools available^[10] which are capable of predicting the distance which sound from fireworks could travel, and local authorities may wish to consider utilising these as an evidence source when considering the boundaries of a zone.

4.1 Misuse of Fireworks and Anti-Social Behaviour Involving Fireworks

Concerns about the misuse of fireworks, including anti-social behaviour involving fireworks, was a key theme to emerge from the national public consultations on fireworks,^[11][12] and recent engagement with communities.

This included the use of fireworks in public places, such as parks and in the street, as well as the weaponising of fireworks. Data also tells us that there is a spike in attacks on emergency services over the bonfire night period - around 40% of acts of violence on fire crews happen around this time of year. It is important to note, however, that these attacks are not all due to fireworks being weaponised.

While the disturbance caused by fireworks misuse and anti-social behaviour is usually concentrated around the bonfire night period (in October and November), some communities experience anti-social behaviour involving fireworks at very late hours, through to the early morning and, in some cases, throughout the year.

The anti-social use of fireworks can include fireworks being used in an otherwise lawful, but fundamentally anti-social, way that negatively impacts on communities. For example, an individual uses fireworks within the permitted times of day in a suitable private garden, but is using a large number of fireworks over a number of weeks or days that is having a negative impact on the wider community. It would be encouraged in these instances to attempt to resolve such issues with the individual without formal or enforcement measures, but it could form part of a wider evidence picture on the overall use of fireworks within an area.

If local authorities are considering designating a control zone due to fireworks misuse or anti-social behaviour involving fireworks, there are a range of evidence sources they may wish to consider. While these will be dependent on local circumstances, these could include:

• The number of reports to police or the local authority of anti-social behaviour involving fireworks.
• The number of reports to police about the misuse of fireworks.
• The number of reports (including from local retailers and trading standards) about misuse of fireworks/anti-social behaviour involving fireworks which relate to illegal access and use by young people (aged under 18).
• The number of call outs for the Scottish Fire and Rescue Service to incidents involving fireworks or incidents as a result of fireworks being used, such as fires.
• The number of incidents resulting in hospital treatment/admissions.
• Anonymous reports to Crimestoppers for local incidents involving fireworks.
• The number of noise complaints to the local authority about the private use of fireworks.
• Police Scotland annually use (and advertise) dispersal orders in some areas in the run-up to bonfire night based on issues in previous years. Where a dispersal zone has previously been in place, the effectiveness of this measure in targeting the issue should be considered.
• Anecdotal evidence from community level stakeholders regarding the severity of incidents, which cannot be accurately captured through quantitative data alone. Groups who may be useful to engage with include community councils, neighbourhood watch, and emergency services.
• Local authorities may wish to consider installing a noise monitor to track the level and extent (including volume) of noise produced by fireworks use.
• Local authorities may wish to make use of tools which are capable of predicting the distance which a sound could travel when considering the boundaries of a control zone.

However it is worth noting that incidents involving fireworks are not always reported, and report numbers may not demonstrate an accurate picture of the severity of the issue, particularly for the most vulnerable groups who may be less confident of making reports such as older people, those from ethnic communities, and people with disabilities. Local authorities (and the police) may wish to check that people have a good range of accessible reporting options. This could range from in-person reports through to the use of texting and social media for making reports (including anonymously). Due to the issue of under-reporting of these incidents, the views and experiences of people living and working in communities are a valuable source of evidence for consideration.

4.2 Injuries from Fireworks

Fireworks can cause serious injury to the general public. Research consistently finds a spike in firework-related injuries around holidays and festivals traditionally celebrated with fireworks.^[13]

The evidence, although limited, suggests that the majority of firework-related injuries in the UK occur at private firework displays at homes, and in streets and other public places,^[14][15][16] public firework displays pose significantly lower risks of injury.^[17] A study by Care of Burns in Scotland found that those at greatest risk of sustaining a physical fireworks injury are children from areas of greater deprivation.^[18] International evidence has demonstrated that the introduction of restrictions on firework use can reduce the number of firework-related injuries in an area.^[19][20][21]

If a local authority is considering designating a firework control zone due to a prevalence of firework-related injuries, evidence which may be useful to consider can include:

The number and severity of injuries involving fireworks in an area. This could be recent incidents or historical data.

Incidences of emergency workers being attacked with fireworks, and the number and severity of injuries sustained as a result.

4.3 Animal Welfare

Concerns about the impact of fireworks on animals, particularly pets, has been a strong and consistent theme raised throughout consultation and engagement. As animals have more acute hearing than humans,^[22] the loud and high-pitched noises made by fireworks can cause animals to suffer distress, fear, or develop phobic responses.^[23] Being unpredictable, as well as intermittent and relatively infrequent, also makes it unlikely that animals will acclimatise to firework noise.^[24]

A 2018 survey of UK vets by the British Veterinary Association^[25] found that in the preceding 12 months:

• Around 1 in 14 vets had seen animals with firework injuries.
• Equine vets were significantly more likely to report such cases, with almost one in five seeing firework injuries in the last year.
• Most commonly, they observed self-injuries caused by firework related anxiety, such as to horses that have bolted or injuries to dogs from chewing furniture.

Concerns are also consistently raised about the impact of fireworks on livestock and wildlife. Research has been carried out looking at the impact of noise on animals, in particular farm animals, which has demonstrated that unexpected loud or novel noises can be highly stressful to livestock.^[26] Fireworks are classed as highly disturbing to some bird species,^[27] and have been associated with the abandonment of nests or even whole colonies.^[28]

When considering designating a control zone due to animal welfare concerns, it is important to note that animals can be injured either directly or indirectly by fireworks.^[29] The majority of injuries to cats and dogs appear to occur indirectly through attempts to escape from fireworks (e.g. attempted avoidance of fireworks causing a road traffic accident and injuries from striking doors, windows and fences while attempting to escape), however there is also evidence of direct injury through accidental and deliberate misuse. Additionally, debris and remnants of fireworks can pose a risk to the health and welfare of livestock and wildlife.^[29][30][31]

If a local authority is considering designating a control zone due to animal welfare concerns, there are a range of evidence sources they may wish to consider. While this will be dependent on local circumstances, this could include:

• Evidence and data on animal health and welfare impacts gathered from local veterinary practices, as well as animal owners or keepers, businesses and charities where animals are usually kept on-site, for example farms, rehoming centres, zoos, kennels, catteries, and riding stables. Examples of evidence that could be collected include:
  • cases and type of actual physical harm or mental or emotional distress caused by fireworks.
  • cost of precautionary measures to mitigate and lessen the impact of fireworks to companion animal and livestock owners.
  • cost of measures that have to be implemented by the affected institutions (see above) to mitigate the impact of fireworks on patients, residents or animals.
• The number of animal welfare incidents reported to the Scottish SPCA's animal helpline and other key stakeholder's resources such as the British Horse Society's Fireworks Incident Map^[32] and data held by the British Veterinary Association.
• The number of noise complaints to the local authority about the private use of fireworks.
• The number of reports to veterinarians of animal welfare related issues or medicines prescribed to tackle issues caused by fireworks.
• The proximity of an area where there are issues due to the use of fireworks and the impact on facilities such as:
  • Licensed facilities such as an animal boarding establishment and animal shelters or rehoming centres
  • Animal hospitals or veterinary practices,
  • Zoos or animal collections,
  • Registered licensed livestock holdings, farms, housed livestock, or grazing animals,
  • Equine yards,
  • Proximity to protected areas (Special Areas of Conservation, Special Protected Areas or Sites of Scientific Interest) designated for bird and animal species especially during the relevant breeding season, for example next to an osprey breeding site.

Local authorities should also take account of changing usage of some areas throughout the year. Animals move field during the grazing season so an area may be not meet the requirements to be designated a control zone at the time the decision is taken but may meet them at another time. Consultation with local stakeholders and farmers should therefore also focus on the potential changing usage of an area throughout the year.

4.4 Impact on Vulnerable Groups

Communities have told us that the sporadic and unpredictable use of fireworks can have a significant impact on vulnerable groups. Unexpected noise from fireworks can have severe and distressing effects on people with a range of health conditions and disabilities, including military veterans and others suffering with Post-Traumatic Stress Disorder (PTSD), people with autistic spectrum disorders, and people with hearing conditions such as hyperacusis.^[33][34][35] Whilst this section outlines some of the considerations of vulnerable groups which have been raised throughout the process of engagement for developing this guidance, it is not exhaustive, and local authorities should endeavour to consider implications for any other vulnerable groups which may be relevant within their area.

Autism

Autistic people experience lifelong differences in sensory and communication preferences and thinking styles. There are somewhere between 56,000^[36] and 137,000^[c] autistic people living in Scotland, according to varying data sources.

Sensory discomfort, of varying intensity, is commonly experienced by autistic and other neurodivergent people in community environments. Unpredictable sensory experiences can be particularly distressing.

Sometimes, sensory processing and preferences will mean that autistic people experience significant discomfort, heightened anxiety and distress, or even 'meltdowns', when events become overwhelming. Meltdowns can result in an autistic individual temporarily losing control of their own actions or responses through a 'fight, flight, freeze or fawn' response. This loss of control may be expressed through withdrawal and retreat to find a safe place or outwardly as a verbal or physical reaction, which can put the autistic person and those around them at risk of harm.^[37][38]

Fireworks can be a source of stress and anxiety for some autistic people because they can cause profound discomfort due to sensory sensitivities. The unpredictability of unorganised firework use can also cause stress and anxiety.

People with Mobility Issues

For Guide Dogs owners, and other assistance dog owners, fireworks can cause a great degree of anxiety. Whilst the majority of issues relating to dogs are set out under Animal Welfare, this has additional implications for assistance dog owners as the sound and flash of fireworks can frighten and distract a working dog which, might in turn, put their owners at risk.^[39][40]

It is also important to note the impact which designation of a zone may have on those who rely on wheelchair accessibility for public displays. As it will not be possible for individuals to hold a private fireworks display in a firework control zone, a key alternative is to access public displays in the community. A large number of firework displays in the UK are not wheelchair accessible and do not provide suitable accessibility information in advance of the event.^[41] This is a barrier for disabled people, who may reside within the boundaries of a firework control zone, to continue to enjoy fireworks where they wish to do so. Local authorities may wish to take into account whether any public displays held are accessible so as to not unintentionally exclude disabled people who may wish to take part in celebrations.

Post-Traumatic Stress Disorder (PTSD)

PTSD puts people into a long-lasting 'alert' mode – physically, mentally, and emotionally.^[42] Any loud or sudden noise can trigger an enhanced startle reaction leading to strong overwhelming emotions and physical sensations, such as flashbacks, panic attacks, heart palpations and many other physical and emotional symptoms.

PTSD develops following exposure to an extremely threatening or horrific event or series of events. This can affect a number of vulnerable groups, such as refugees and armed forces veterans. Research indicates that rates of PTSD range between 20% and 80%, among refugees and civilian victims of torture^[43][44] and that veterans who have served in a combat role are at a higher risk of developing mental health issues such as PTSD than non-veterans^[45][46][47] in Scotland.^[48]

Veterans charities report a sharp rise in calls for support around traditional fireworks periods^[49] and evidence demonstrates that fireworks can cause distress to those who suffer with PTSD^[50] with the sudden flashes and bangs of fireworks and the smell of smoke and burning reminding them of traumatic experiences and leads to symptoms of re-experiencing traumatic events.

In Germany, a number of states have prohibited the use of fireworks in the areas surrounding refugee shelters due to the potential for this to be associated with shootings or bombs, which could have traumatic impacts,^[51] following refugees having to be taken to alternative accommodations in previous years due to fireworks use.^[52]

If local authorities are considering designating a control zone to protect a vulnerable group(s) there are a range of evidence sources they may wish to consider. While this will be dependent on local circumstances, this could include:

• Proximity of refugee or veteran's communities.
• Proximity of care homes or hospital sites.
• Anecdotal evidence from communities of interest which demonstrates the detrimental impact of fireworks.
• The number of noise complaints to the local authority about fireworks, and the proximity to vulnerable groups.
• Supported living and other social care and/or health services for autistic people (e.g. day centres).
• Views of local stakeholders. For example engaging a Health and Social Care Partnership in relation to any neurodiverse individuals supported within a proposed control zone boundary.
• Proximity of schools, particularly those for young people with Additional Support Needs (ASN).
• Anecdotal evidence from communities of interest about the impact of the use of fireworks on their lives.
• Evidence from local support groups on the degree to which fireworks use has an impact.
• Availability of accessible public displays should a zone be established.

4.5 Environmental Protection

While the evidence of the environmental impact of fireworks within Scotland is limited, there is international evidence that demonstrates the potential environmental impacts of fireworks. Fireworks residues contribute to chemical pollution of soil, water, and air, which has implications for human as well as animal health.^[53]

Environmental concerns may become more relevant for local authorities as new evidence emerges on the environmental impact of fireworks in Scotland, and could lead to environmental protection concerns becoming a more prevalent reason for control zones being designated in Scottish communities.

Air Quality

Poor air quality has been classified as the greatest environmental risk to public health in the UK.^[54] The current weight of evidence justifies adopting a precautionary public health approach to air pollution reduction.^[55][56] Bonfire night-related pollution episodes, arising from bonfire burning and firework-related emissions, are considered to be short-lived, but significant.

Fireworks can cause pollution by releasing sulphur dioxide, carbon dioxide, carbon monoxide, suspended particles, aluminium, manganese in a black smoke of potassium nitrate, charcoal and sulphur.^[57] The particulate matter ("PM") released has a profound and immediate negative effect on air quality,^[58] which if significantly high can have adverse effects on the environment^[59] and human health.^[60] While this typically declines rapidly over the next 24 hours,^[61] they can cause short-term PM₁₀ exceedances or conditions in breach of World Health Organisation guidelines.^[62]

PM from fireworks is highly toxic due to the presence of perchlorate and heavy metals. On and around Bonfire Night (5th November), there is often a noticeable increase in pollution from particulates and dioxins. Approximately 5–14% of UK dioxin emissions are produced around Bonfire Night.^[63]

Particulate matter concentrations are further amplified if weather conditions are particularly stagnant, which is often the case during winter nights, such as during Guy Fawkes' night, Diwali and New Year's Eve.^[64][65][66] Although, in Scotland, these generally disperse fairly quickly, periods of calm weather do on occasion prevent dispersal. For example, in Glasgow, North, and South Lanarkshire high levels of PM were recorded on 5 & 6 November 2019, which was exacerbated by the weather conditions at the time and the topography of the area.^[67]

Although firework control zones are not viable to be established in response to specific weather conditions, local authorities have a duty^[68] to designate any relevant areas where the air quality objectives are not (or are unlikely to be) being met as Air Quality Management Areas (AQMAs). At the time of the publication of this guidance, 34 AQMAs were in place in Scotland,^[69] a number of which are related to PM₁₀ exceedances. Local authorities may wish to consider the presence of an AQMA in any proposal for designating a firework control zone, and in considering the boundaries of any zone.

Natural Environment

Spent fireworks and materials left after fireworks have been used can be a significant cause of litter in the natural environment because of the inclusion of non-biodegradable parts.^[70] When they explode, fireworks spread their components over large areas and often end up displaced on land and sea. This makes it difficult to collect after a display, meaning that debris is often left behind. In our 2019 consultation, there were reports of people finding firework litter in their garden, on the roof of their home, in public parks, in the street, and on beaches.

The Scottish Government consulted on a draft National Litter and Flytipping Strategy^[71] last year. A key objective of this is to develop and adopt a shared approach to litter prevention and behaviour change across Scotland, ensuring individuals and organisations have greater awareness of the problems caused by litter, understand the harm (environmental, social, economic, wellbeing) that litter causes, understand their responsibilities in preventing litter, and are motivated to behave responsibly. Mitigating the litter caused by firework housing is therefore an important consideration in meeting these objectives, as well as protecting our natural environment.

As a consequence of climate change, the risk of wildfires has increased over recent years. Fireworks are a potential source of ignition for fires. While no statistics are readily available for Scotland, National Statistics for England^[72] report 258 incidences of fires where fireworks were a source of ignition in 2019-20. Fireworks cause about 18,000 fires a year in the US, with more fires reported to fire departments on July 4th than any other day of the year.^[73] There were 95 wildfire incidents in Scotland in March and April 2022,^[74] with limited evidence that fireworks have been the cause in some instances.^[75] In the United States, states with strict laws restricting fireworks have 50 times fewer fireworks-related fires than those with none.^[19] Wildfire risk may also, therefore, be a factor for local authorities to consider in the designation of a firework control zone.

Water Pollution

Fine PM can dissolve in water and contaminate various water sources. Internationally, higher concentrations of ultra-fine particles (with diameters less than 1 μm) that can dissolve in water have been found during and shortly after fireworks displays. These particles have the potential to contaminate water sources.

Fireworks are one of the main contributors of one such particle, called perchlorate. Perchlorate contamination affects both groundwater and surface water, particularly in areas surrounding fireworks manufacturing and displays. In Malta, perchlorate contamination is almost entirely caused by fireworks, with this pollution affecting the quality of its limited water resources.^[76] It is important to note, however, that no studies from England and Wales have identified perchlorate contamination as an issue and, to date, there has been no research carried out in Scotland on this issue that the Scottish Government is aware of.

If environmental protection concerns factor into the consideration of a firework control zone by a local authority, there are a range of evidence sources they may wish to consider. While this will be dependent on local circumstances, this could include:

• The presence of an AQMA in a local authority area;
• The level of fireworks debris produced in previous years;
• Proximity to local nature reserves, country parks, or other spots of importance to local biodiversity or nature;
• Consultation with local biodiversity organisations and Local Biodiversity Action Plan Partnerships;
• Proximity to protected areas (Special Areas of Conservation, Special Protected Areas or Sites of Scientific Interest);
• Proximity to Marine Protected Areas or (should relevant proposals be passed) Highly Protected Marine Areas;
• Proximity to National Nature Reserves and National Parks; and
• Proximity to protected areas (Special Areas of Conservation, Special Protected Areas or Sites of Scientific Interest).