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

8. Scottish Firms Impact Test

8.1 The two main groups that will be impacted are specialist firework retailers that have a licence to sell fireworks all year round, and retailers that sell fireworks temporarily at certain times of the year. Specialist firework retailers are expected to be most impacted. It is also anticipated that wholesalers of fireworks will also be affected where they are supplying fireworks to Scottish retailers. Professional firework display companies may be affected, but to a lesser extent where their core business is not the sale of fireworks. There are, however, some professional display companies that also sell fireworks as part of their business, and would therefore be affected. However, it is anticipated that the measures could lead to an increase in organised displays, and people engaging the services of professional display companies to organise these, which may impact these businesses positively.

8.2 The two main representative bodies for the firework industry in the UK, the British Fireworks Association and the British Pyrotechnists Association, have been engaged throughout this work with their views opposing additional restrictions on the sale and use of fireworks and their concerns considered as the proposals have been developed.

8.3 The Scottish Government is aware of 9 firework specific retailers that are licensed all year round to sell fireworks in Scotland, with only one Scottish company involved in the importation of fireworks. The majority of retailers that sell fireworks at specific times of the year are licensed on a temporary basis by the relevant local authority. Trading Standards data indicated that, in 2019, 650 retailers were licensed to sell fireworks in Scotland, and the majority of these retailers were supermarkets or superstores (see section 7.5 for more detail on this data). However, the proposed regulations do not prohibit firework sales entirely and only narrow the window in which they can be sold to the general public. The local licensing processes in place across Scotland, administered by local authorities, which grant retailers permission to temporarily sell fireworks at certain times of the year, will not be substantively altered or impacted by the proposed legislation.

8.4 Eight businesses responded to the 2019 public consultation. This included firework retailers, wider retailers and professional display companies, with most requesting that their name is not published with the response. The majority of businesses that responded to the consultation were not supportive of further controls being introduced on the sale or use of fireworks. The most common reasons for this were that existing legislation should be enforced and that increased controls would negatively impact safe and responsible firework users, rather than the minority who seek to cause harm or disruption. One business was supportive of increased controls however, and suggested measures such as conditions at the point of sale as a possible option for change.

8.5 Two firework industry representative bodies and three specialist firework retailers responded to the 2021 public consultation. A number of firework retailers also attended public consultation events, and a specific engagement event was held for firework retailers (attended by two specialist retailers and one representative retail body). The specialist firework retailers indicated that restriction of sales of fireworks to the public, particularly to only permitted days in the year, will render their business no longer viable on the basis that a large part their income comes from year-round sales of F2 and F3 fireworks to members of the public. Other common reasons for being unsupportive of new legislative measures were that it was felt that restrictions would only penalise law abiding citizens, rather than tackle fireworks misuse, and that the proposals compromised personal freedom and civil liberties. One measure that businesses were supportive of was the proposed proxy purchase offence in relation to the supply of fireworks to people under the age of 18.

8.6 The proposed offence of being in possession of a pyrotechnic article in a public place without a reasonable excuse or lawful authority and the extension of police stop and search powers will have no impact on the industry or consumers seeking to buy pyrotechnic articles for legitimate uses.