Firework Review Group: report to the Scottish Government

Legislation & Regulations

Current Legislation and Regulations

We were keen to identify and consider the main areas of legislation and regulation that currently govern all aspects of the sale and use of fireworks in Scotland. This is a highly regulated area where well established processes are in place covering product safety and standards, imports, storage and existing regulations in relation to the sale and use of fireworks. We developed an overview of existing legislation, regulations and associated enforcement responsibilities and this is included in Annex B. Building on what we heard about the impact of fireworks on the emergency services and local communities, we also considered what options for change exist in relation to current legislation and regulations.

Previous Improvements

We identified and discussed previous improvements that have been credited with reducing firework related injuries, including the banning of certain firework products such as bangers. The Fireworks Industry made clear their desire to ensure all firework products available in the UK are safe and appropriate, and highlighted many examples of their willingness to cooperate with enforcement agencies as part of this process.

The British Pyrotechnists Association (BPA)^[3], for example, told us of the many working groups and committees they have contributed to considering regulatory change^[4] and outlined the processes they have proactively put in place to establish a code of conduct and accreditation scheme governing organised firework displays. This is outlined in more detail in Annex C.

The British Fireworks Association (BFA) provided an update on the work that they do to provide professional advice on keeping the use of consumer fireworks across the UK safe. This includes working with a variety of stakeholders, such as Governments and Trading Standards. The BFA requires its members to adhere to strict code of conduct which aligns with their moto: Safety, Quality, Reliability. Further detail is included in Annex D.

We were mindful in our considerations of the enjoyment that firework can bring to different people and in many different contexts. It is estimated that around 250,000 people purchase fireworks every year in Scotland; and there are around 500 professional firework displays every year (not including 'big' headline Scottish firework events such as at Edinburgh Castle for Hogmanay, the Edinburgh Festival or the Virgin Money Concert). Organised firework displays are likely to take place in most local authority areas across Scotland. To inform our discussions on public firework displays in Scotland during bonfire season, a short survey was circulated to the Society of Local Authority Lawyers and Administrators in Scotland (SOLAR) group^[5]. The findings indicated that smaller scale displays are more prevalent than much larger events. These are often organised by local community groups as part of long-established cultural celebrations which happen at Guy Fawkes or Hogmanay as well as other times throughout the year.

Enforcement

We discussed in detail whether and how existing legislation and regulations are currently enforced and this was an ongoing theme in many of the discussions that we had.

As part of our work, a short survey was circulated to all Local Authority Trading Standards to get a better understanding of the number of retail outlets in Scotland selling fireworks and the processes involved in this, and to better understand the associated visits and enforcement activity that generally take place. There were around 650 retailers across Scotland who were licenced to sell fireworks in 2019, with the majority likely to be granted a temporary storage licence on a multi-year basis. Large supermarkets or super stores are very likely to make up the bulk of retailers supplying fireworks in Scotland.

This survey also demonstrated the processes that are in place to ensure those selling fireworks are meeting relevant safety standards with warning and improvement notices being issued where needed, and on rare occasions, licences being revoked. Site visits are routinely carried out to retailers who are licenced to store fireworks with much of this inevitably taking place in advance of the traditional selling period in October to November each year.

A key area that was highlighted during these discussions was the resource constraints on Trading Standards, who – among other things – play a key role in ensuring fireworks are stored safely and that fireworks are not sold to those under the age of 18.

An area of particular challenge that we identified and discussed is in relation to the online sale of fireworks and we note the recommendation of the House of Commons Petitions Committee that the UK Government conduct a review of online sales of fireworks, with a particular focus on sales via social media, with a view to establishing a national, cross-agency strategy to tackle the problem. We are aware that, in response to this, the UK Government are working with Local Authority Trading Standards to lead a pilot project aimed at reducing the flow of unsafe products within the UK to disrupt such activity. We recommend the Scottish Government keep abreast of this work to ensure any learning can be applied to the issue of fireworks (recommendation ten).

Incidents and Resource Requirements

Through our discussions we heard about the excellent multi-agency planning that takes place in advance of the bonfire season every year in Scotland through the national 'Operation Moonbeam'. We were pleased to see that this ensures a national public order capability can be deployed where needed in the days around 5 November, while promoting and supporting preventative work in local communities in the weeks and months leading up to the bonfire season.

We heard of positive examples of local operations that take place as part of local planning with Trading Standards, the Scottish Fire and Rescue Service (SFRS), Police Scotland and local authorities working in partnership to quickly identify and tackle emerging issues. For example, in 2019 local cooperation in Edinburgh with Trading Standards and Police Scotland identified and tackled fireworks being stored within a domestic property, which were being sold via social media. Any intelligence relating to local sales in breach of age restrictions is also shared between agencies to inform activities, cooperate, gather evidence packages and take relevant action. Trading Standards also ensure that the fireworks being sold are 'safe' products - not just in terms of their storage, but in terms not being a banned firework, and their actual construction and adherence to relevant harmonised standards and the associated documentation/labelling.

We recommend that going forward the Scottish Government works closely with enforcement agencies to identify and share examples of good practice across local community safety partners (recommendation eight).

We heard about the considerable amount of preventive work that is undertaken in local authorities areas across Scotland by local partners including SFRS and Police Scotland, in advance of and including 5^th November. Common types of activity included engagement and awareness raising sessions with local schools, visits to retailers selling fireworks and more targeted work with young people previously involved in firework related anti-social behaviour and disruptive behaviour.

The Blackburn Community Action Group explained in detail to us the impact fireworks misuse has had on their community as well as the work that they have undertaken in recent years to proactively tackle the misuse of fireworks that has been experienced in the area. The Blackburn Bonfire Night Action Group was established as part of that work, which is an multi-agency approach focussing on engaging with the community. The group includes SFRS, Police Scotland, Local Authority Trading Standards, local schools and local residents. The partnership developed a Bonfire/Firework Action Plan with a number of objectives aimed at educating and raising awareness and preventing disruption associated with fireworks. Some of the key activities within the plan in 2019 were:

• A programme of thematic education initiatives in the run up to Bonfire Night including awareness raising sessions in schools by SFRS, Police Scotland and the West Lothian Council Safer Neighbourhood Team.
• A communications plan including a campaign for parents and carers of young people called 'Do ya know where ya young team are?' was designed to raise awareness amongst parents and carers around the dangers and potential consequences of supplying fireworks to young people.
• Engagement with firework retailers by SFRS and Trading Standards to ensure regulations and legislative requirements were being met.
• Community engagement by creating positive relationships and diversionary activities with young people designed to reduce antisocial behaviour and promote community cohesion.

We also considered the resources that are required by the emergency services, both locally and nationally, to adequately prepare and plan for the bonfire season; and to address unacceptable attacks on emergency service workers over this period. We saw disturbing videos of attacks on local police from 2018 in Pollokshields in Glasgow, which reinforced the danger, and at times risk to life, that can be caused by the misuse of fireworks due to the actions of a minority of individuals.

All three emergency services very helpfully provided us with data in relation to firework related incidents, which shows that:

• There is no clear evidence that the number of firework related incidents reported to the police is changing and data from Police Scotland suggests that around 900 'firework' related incidents were reported in the 2019-20 firework period, almost half (45%) of which occurred in the Greater Glasgow Police Division area. As we might expect, the vast majority (around three-quarters) of 'firework' incidents across the year are reported during the firework period.
• For the Scottish Fire and Rescue Service, 342 incidents were identified with 'fireworks' as a contributing factor between 2009-10 and 2019-20^[6]. Half of these incidents occurred on the days around bonfire night (4th to 6th November), and these incidents are skewed towards more deprived areas, with almost most half (45%) occurring in Scotland's 20% most deprived areas (based on the Scottish Index of Multiple Deprivation 2016). Twenty-two incidents were reported in 2019-20, the lowest over the period.
• There is no clear trend in the number of incidents attended with the chief complaint of burns/explosion by the Scottish Ambulance Service during the firework period between 2016/17 and 2019/20. The call numbers ranged from 85 in 2018/19 to 106 in 2017/18. Similarly, there is no clear trend in relation to the number of people conveyed to hospital, ranging from in 2016/17 to 76 in 2017/18. The limitations of the data gathered means it is not possible to identify whether these incidents are firework related.

Since 2002/03 the most common anti-social behaviour related charge reported to the Crown Office and Procurator Fiscal Service (COPFS) has been throwing, casting or firing of fireworks in a public place, with 655 charges over this period. Around four in ten of these charges, 284, were dealt with through direct measures (e.g. fixed penalty notice) and a third, 217, through summary measures (less serious case heard in front of a Sheriff or Justice of the Peace without a Jury). Over that same period there were 322 charges relating to the second most common anti-social behaviour charge, possession of an adult firework by a person under 18 years of age. The majority of these (205) were dealt with through direct measures. Both of these charges and the related incidents have resulted in significant public service time and resource to police incidents and enforce regulations.

The data available in relation to attacks on emergency service workers shows that:

• Between 2013-14 and 2019-20, there has been a 12% increase in the number of assaults on police officers^[7] during the firework period. And while this is concerning and unacceptable, this increase is in line with the figures across the whole year (up 11%). It is also not possible to distinguish if assaults during the firework period were firework related. There has been year-to-year fluctuations in the number of assaults during the firework period with the highest number being recorded in 2017-18 (508) and the lowest in 2015-16 (413).
• Two-fifths (40%) of the Acts of Violence directed against firefighters (physical abuse, verbal abuse, objects thrown at firefighters/appliances and other acts of aggression) which take place over the course of a year are recorded during the months of October and November, which only represents around 17% of the year. Again, we are mindful that not all Acts of Violence during the firework period are firework related.

Whilst it has not been possible to develop a full, comprehensive list of cost and resource implications, it is clear there is a considerable financial cost and resource requirement for Police Scotland, SFRS and local authorities in order to plan and prepare for 5^th November and the period running up to it each year.

Firework Related Injuries

We are aware that there is a spike in firework related injuries around festival periods where fireworks are traditionally used, and that most firework related injuries occur at private firework displays at homes, and in streets or other public places^[8].

To help develop a more comprehensive picture of firework related injuries in Scotland, a data collection exercise was undertaken in 2019^[9] of attendance at Scottish Minor Injury Units (MIU) and Emergency Departments (ED) from firework injuries^[10]. This data collection exercise showed:

• There would appear to be a clear link between deprivation and firework injury, with eight times as many patients presenting from the lowest SIMD decile than the highest.
• A total of 41 patients presented at MIU or ED in Scotland between 15 October to 12 November 2019. Of those attending, 26 (63%) were male and 23 (56%) were under 16 years of age. Most patients presented to MIU and ED in November, with 18 patients (44%) attending on the 5th November 2019; the highest of any given day.
• The majority of patients were discharged following assessment and treatment. However, 15 patients (37%) required follow-up in hospital outpatients and 3 patients required admission by plastic surgery.
• The most common geographical location for an injury to occur was on private property (19 patients with injuries), with casual/street incidents (9 patients with injuries) being the next most common location.
• Only 2 patients sustained injuries at a large public display (one due to sparklers and the other due to a banger, which is an illegal firework product in the UK). Of the 41 patients with injuries, 14 were caused by sparklers and 11 were caused by unknown fireworks.

Data relating to firework injuries in the Greater Glasgow and Clyde (GGC) NHS Health Board area was also collated, covering 2008-2019^[11]. As with the national data, there would appear to be a clear correlation between increased area deprivation and firework injury, with those living in SIMD decile 1 (Scotland's 10% most deprived areas) being twice as likely to present for treatment of firework related injuries than those living in SIMD decile 2.. Between 2008-2019, 198 patients attended MIU and ED in the NHS GGC area for management of 251 firework-related injuries to different parts of the body.^[12]

The most commonly injured body part was the hand and wrist (103 injuries) with the head, face and neck the next most common (64) followed by the eye (35). Males were disproportionately affected by injuries in comparison to females, with 200 (80%) of the 251 injuries being sustained by a male. Around half (49%) of injuries to males occurred in the over 18 age group, meaning 51% were distributed between children. The two younger male age groups with the highest number of injuries were 11-15 year olds (21%) and 16-17 year olds (14%).

The estimated total health expenditure on treating firework injuries over the period 2008-2019 in Greater Glasgow and Clyde was £463,583, a mean cost of £38,632 per annum. The majority of this cost (£438,775) is incurred in treating patients admitted to hospital. There is no evidence of either an upward or downward trend in the costs data. This is likely to be an underestimate as the cause of injury is not always captured in the routine administrative records and certain resource use may not be captured.

Impact of Fireworks

We also heard about the impact that fireworks can have on those who suffer from noise sensitivity, on animals and the environment.

• The increased noise levels caused by fireworks can cause particular distress to those with noise sensitivity, such as people with autism or PTSD.
• The loud and high-pitched noises made by fireworks can cause animals to suffer distress, fear or develop phobia responses and we heard from the British Veterinary Association (BVA) and Scottish Society for the Prevention of Cruelty to Animals (SSPCA) of the impact fireworks can have on animals (see Annex C) . A survey of vets found that around 7% of respondents had seen animals with firework injuries, which were most commonly self-injuries caused by firework related anxiety, such as horses that have bolted or dogs from chewing furniture^[13]. The Scottish SPCA sees an increase in firework related calls to its animal helpline in the weeks leading up to 5 November. These calls are from members of the public either seeking advice, showing concern for a distressed animal that they have seen (including their own pets) or the reporting of an incident where an animal has become injured (with some of these reports linked to an animal trying to flee the noise of a firework). Animal welfare concerns was also a strong theme to emerge from responses to the public consultation.
• Fireworks can pollute the air with gases and particles, which can potentially be harmful to human health, although the evidence from Scotland on this is limited. The environmental impact of fireworks is an area we recommend is explored further going forward (recommendation eleven).

We therefore considered a list of potential options for change as part of our deliberations, including:

• Restricting the use of fireworks on private property
• Restricting the days and times fireworks can be set off
• Introducing a notification system before fireworks can be used
• Introducing no firework areas / zones
• Introducing a proxy purchasing offence
• Restricting the times fireworks can be sold
• Restricting the volume of fireworks that can be purchased
• Introducing mandatory conditions at point of sale.

These are described in more detail in Section 4.

We are also aware of the work by the House of Commons Petitions Committee^[14] in relation to fireworks which sets out their top three recommendations for the UK Government including: the introduction of a mandatory permit system for fireworks displays to limit the number of displays where local evidence suggests this is necessary; the funding and coordination of a national awareness campaign on the responsible use of fireworks; and steps being taken to ensure fireworks are not packaged in a way which is designed to appeal to children.

“The environmental impact of fireworks is an area we recommend is explored further going forward, and we recommend research is commissioned by the Scottish Government to evaluate the wider health and environmental consequences of firework use.”