Fireworks and Pyrotechnics Articles (Scotland) Bill: business and regulatory impact assessment

7. Sectors and Groups Affected

People and Communities

7.1 Actions that will support the safe and considerate use of fireworks, and appropriate use of pyrotechnic articles, in Scotland will aim to protect people from injury, harm, fear and distress. This includes addressing issues that were raised in the 2019 public consultation such as reducing the noise and disturbance the sporadic use of fireworks can cause, including to those who have noise sensitivity; reducing anti-social behaviour and the misuse of fireworks and pyrotechnic articles and the impact this has on individuals and communities; environmental impacts of fireworks use from discarded material to air pollution; and animal welfare concerns for pets, wildlife and livestock.

7.2 Fireworks misuse is more prominent in deprived communities and urban areas, with evidence that incidents attended by the Scottish Fire and Rescue Service over the traditional November fireworks period are more concentrated within deprived areas. There is also a clear link between deprivation and firework injury, with studies also finding that young people, often defined as those under 18 or aged 5-20 years, sustain most fireworks related injuries. Males are also disproportionately affected by firework injuries, with data from Greater Glasgow and Clyde (GGC) NHS Health Board area covering 2008-2019 showing that males were disproportionately affected by injuries in comparison to females, with 200 of the 251 injuries (80%) being sustained by males, whilst accounting for 48% of the population during this time^[7]. People living in these communities, young males in particular, will benefit from the introduction of new measures that promote using fireworks in a safe manner, such as the firework licensing system which requires successful completion of a firework training course, with a test to demonstrate learning.

7.3 The measures in the Bill will also affect the ability of community groups to organise local displays due to a requirement to comply with them, for example community groups will be required to (via an individual acting on their behalf) apply for and obtain a fireworks licence in order to purchase and use fireworks as part of a public display. Data from the Society of Local Authority Lawyers and Administrators (SOLAR) Licensing Group^[8] in February 2020 highlighted that around 150 organised displays take place over the Bonfire period across the 17 local authorities who responded to the survey. The majority of these have less than 500 attendees and are organised by a community group or organisation.

Retailers

7.4 Retailers licensed to sell fireworks, either on an all year round basis or during traditional firework selling periods, will be impacted by the proposed changes. The firework licensing system for consumers and restrictions on the days that fireworks can be supplied will have a direct impact on retailers and will require existing processes and practices to be adapted in line with the new measures.

7.5 Data provided by Trading Standards covering the bonfire period in 2019 indicated that there were 650 licensed retailers selling fireworks across Scotland. A more detailed survey was carried out in 2020 with all local authority Trading Standards to explore the number and type of storage licences as well as site visits and enforcement activity that took place over the 2019 period. Eighteen^[9] local authority areas responded to the survey. Survey responses indicated that, across the 18 local authorities, the majority of retailers are licensed to store fireworks on a multi-year basis^[10], and there were 255 retailers who held a multi-year storage licence in 2019. Local authorities were also asked the types of retailers that applied for a temporary storage licence in their area in 2019. The majority of applications (70%) were for large supermarkets and superstores (190), followed by 18% for smaller independent stores (48), 9% for 'pop up' shops (23) and 3% for firework specific stores (8).

7.6 Data from the British Fireworks Association (BFA) in relation to the retail sales of fireworks suggests that the equivalent of 334 people are employed in the retail of consumer fireworks in Scotland. This comprises: 25 people being directly employed in the wholesale of fireworks; 40 seasonal employees in wholesale; 19 seasonal employees in delivery of fireworks; and 251 seasonal employees within the retail of fireworks. These figures have been estimated by the BFA through a series of calculations such as using the percentage of the overall UK employment and the percentage of product which goes into the UK to calculate how many people are directly employed in wholesale. Whilst this can provide an estimate it does not give a full, comprehensive picture of the number of people employed in retail fireworks in Scotland. In addition, the BFA estimate that employment in retail fireworks accounts for almost £1.9 million per year and that government revenue from retail fireworks in Scotland equals almost £2.7 million (the vast majority of this being VAT).

7.7 In October 2018 Sainsbury's announced that it would no longer be selling fireworks to the public, but did not explain its reasons for doing so.

7.8 In relation to pyrotechnic articles there should be no impact on retailers selling pyrotechnic articles for legitimate use. The aim of the provisions is tackling misuse, while ensuring that legitimate and necessary use – and therefore legitimate and necessary purchase – is protected.

Fireworks Industry

7.9 Whilst the BFA were represented on the Firework Review Group, they did not agree with or endorse the Group's recommendations, and raised a number of concerns around the potential unintended consequences of the proposed measures including:

• Introduction of mandatory conditions at the point of sale: The BFA felt that the introduction of such measures could drive consumers to illegitimately purchase fireworks through illegal channels, bypassing safety messaging and potentially purchasing prohibited firework products. Concerns were also raised that these measures will not tackle the root cause of anti-social behaviour involving fireworks or fireworks misuse, as responsible consumers that would comply with the conditions would not purchase fireworks to use them in an irresponsible manner. While there is no evidence available from which to estimate potential levels of displacement, it is not anticipated that this will be on a large scale based on advice from Police Scotland. Police Scotland have advised that they have no evidence to suggest there will be any significant increase in illegal sales following the introduction of these proposed measures. The international case study review undertaken by the Scottish Government did not identify the emergence of illegal markets when similar restrictions were introduced.
• Restricting the days that fireworks can be sold to the general public and restricting the days fireworks can be set off by the general public: The BFA highlighted concerns that the restrictions on the days that fireworks can be used could encourage a 'use it or lose it' approach where consumers use fireworks in an unsafe way in order to meet restrictions around days. It was highlighted that this could also lead to stockpiling of fireworks at home if consumers cannot use all of their fireworks on permitted days. It is important to note, however, that existing legislation on storing fireworks at home will remain in place, and the days that fireworks can be used in this measure are extended beyond the days that they can be sold to mitigate this. The measures introduced by The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 limiting the volume of fireworks that can be supplied to the public in one transaction to 5kg net explosive content (formerly 50kg) also seeks to mitigate this.
• Introducing no-firework areas where it is not permitted for the general public to set off fireworks: The BFA felt that this could lead to displacement of firework issues by moving the problem and fireworks use to another area, and potentially encourage use of fireworks in a public place in that area. The BFA felt that creating widespread firework free areas would not tackle the issue of fireworks misuse and anti-social behaviour.
• Introduction of a proxy purchasing offence to criminalise the supply of fireworks to people under the age of 18: The BFA agreed that some form of legislation to cover proxy transactions by an individual to another would clarify the situation, with the term 'supply' providing a catch all, where someone aged 18 or over gave fireworks to someone aged under 18.

7.10. The new measures may also impact on the professional firework display sector. The increased restrictions on the general public purchasing and using fireworks could potentially result in an increase in public organised displays and professional companies being engaged to organise these.

Consumers

7.11 It is recognised that the new measures will impact on consumers and their ability to purchase, possess and use fireworks. Introducing a firework licensing system for the public, including a mandatory firework training course, will play an important role in promoting the appropriate and considerate use of fireworks, ensuring consumers understand essential requirements and possess essential knowledge when purchasing and using fireworks. Other new measures, such as restrictions on the days that fireworks can be supplied to and used by the public, and the introduction of Firework Control Zones, will impact on where and when consumers can legally use fireworks and will require to be taken into consideration and complied with prior to fireworks being purchased and set off.

7.12 Those buying pyrotechnic articles for legitimate use will continue to be able to do so. The proposed changes relating to pyrotechnic articles will therefore have no impact on this group.

Local Authorities

7.13 The introduction of the ability to designate Firework Control Zones is most likely to impact on local authorities. The administration connected to Firework Control Zones, whether this is the application of a Firework Control Zone or considering areas that could be designated as one, will incur an additional resource burden on local authorities. Local authorities were represented on the Firework Review Group through COSLA and SOLAR (Scottish Local Authority Lawyers & Administrators) and formed part of the majority agreement on the need for fundamental change that the Firework Review Group recommended.

7.14 A Scottish Government and Local Government Short Life Working Group was formed to identify likely financial costs, savings and changes in revenue for local government from the Bill and advise on methods to produce best estimates of these and to identify and provide data and analysis to inform and make financial estimates. The membership included local government officers with knowledge of fireworks and finance, with representation from urban and rural local authorities in Scotland. It included representatives from Society of Chief Officers of Trading Standards in Scotland, the Society of Local Authority Lawyers and Administrators in Scotland, Directors of Finance and the Convention of Scottish Local Authorities officials. (more detailed information on costs and benefits is set out in section 6).

Emergency Services

7.15 Data from Police Scotland indicates that around 900 'firework' related incidents were reported in the 2019-20 firework period, and there is no clear evidence the number of firework related incidents reported to the police is changing. For the Scottish Fire and Rescue Service (SFRS), 342 incidents were identified with 'fireworks' as a contributing factor between 2009-10 and 2019-20 with around half of these incidents occurring on the days around bonfire night (4th to 6th November), and these incidents were disproportionately concentrated within more deprived areas. In recent years, there has been a number of attacks on emergency services. 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 during the firework period.

7.16 There are financial costs and resource implications for Police Scotland and SFRS in order to plan and prepare for 5^th November and the period leading up to it each year. SFRS estimate that approximately £66,000 was spent on preventative activity in 2019. Police Scotland estimate the costs of covering 4 and 5 November in 2019 was approximately £98,000. Introducing these changes may lead to varying impacts on the emergency services in the short term. For example, restricting the days that fireworks can be used may lead to increased reports of use outwith permitted days, however the introduction of a Firework Control Zone in a community that previously saw high instances of fireworks misuse and incidents requiring emergency service response is likely to have a positive effect. There will be a balance until the long term outcomes for the changes are achieved as they are embedded in practice and public behaviour develops to comply with the changes.

7.17 Police Scotland has been a key driver in requesting the proposed offence and related stop and search power for pyrotechnic articles and will be responsible for enforcement of the offence. It is anticipated that any additional cost to Police Scotland will be minimal as it is expected that the detection and enforcement of possession offences will take place as part of an existing policing operation at the respective designated event. Whereas currently Police Scotland can only act if an individual has been searched by security staff upon entering a sports ground and has been found with a pyrotechnic article, or when the pyrotechnic article has already been illegally deployed at an event, or at a public assembly, the new offence will provide police officers with the power to intervene at an earlier stage, reducing the public safety risk but not significantly increasing the policing operation involved.

7.18 For larger events, Police Scotland often use enhanced custody arrangements to ensure quick processing and minimal abstraction of officers from the event footprint. This ensures that should a number of arrests be made under the new offence at a single event, there is minimal impact on the policing of the event.

7.19 There may be some one-off or occasional costs relating to the production of guidance and the development of officer training in relation to the new offences. It is anticipated there may be some costs for Police Scotland-led public awareness raising campaigns, although such campaigns on pyrotechnic misuse currently take place and therefore additional costs are likely to be minimal.

7.20 In providing a stop and search power for police to intervene at an earlier stage, it is anticipated that offences that are currently dealt with under the Explosives Substances Act 1883 or the Explosives Regulations 2014, or through a charge of Culpable or Reckless Conduct, can be prevented and dealt with under the new possession offence. Additionally, as the new offence will supersede much of s20 of the Criminal Law Consolidation (Scotland) Act 1995 (an offence to possess a pyrotechnic article or firework at a designated sports ground during a sporting event), police incidents and charges currently dealt with under that legislation will likely come under the new offence.

7.21 Furthermore the proposed legislation should benefit Police Scotland's policing operations, partly through deterrence, as well as making it easier for officers to prevent injury and criminal damage through earlier intervention. This will potentially reduce the resource needed from emergency services more broadly.