Scottish Animal Welfare Commission: lower noise fireworks and other alternatives to reduce harm to animals

Response from Minister for Victims and Community Safety (18 December 2024)

Dear Cathy,

Thank you for your correspondence concerning fireworks. Ministers very much welcome all advice from the Commission. I would be keen that through your secretariat, my officials in the Community Safety Policy and Prevention Unit have an opportunity to discuss the advice with you.

In the meantime, I wanted to respond to your points about what the Scottish Government can do to introduce further controls on fireworks, particularly with reference to noise. It is not within the power of the Scottish Parliament to legislate for a complete ban on the sale of fireworks. The current maximum legal noise level for fireworks is defined in UK-wide legislation, the Pyrotechnic Articles (Safety) Regulations 2015. While we recognise that some retailers label fireworks as “silent” or “low noise” consultations with various stakeholders had confirmed that no formal standard or specification exists to identify or differentiate these products.

We are keen to stay informed about advancements in this area, and I have written to the new UK Government to request a meeting to discuss possible updates to fireworks regulations on a UK wide basis. I recognise we share the goal of enhancing community safety and wellbeing, and I plan to address noise as part of these discussions. You may also be aware of continuing suggestions of further regulation at UK level. For example I have noted the recent introduction of the Private Member’s Bill on sale of fireworks to the House of Commons which seeks to impose controls on the sale of fireworks to consumers. In light of the current context, I trust you are collaborating with the UK Animal Welfare Committee, on these points also.

There are a number of actions the Scottish Government has progressed, and continues to progress, to reduce the harm that fireworks can cause to people, animals, and communities.

This includes the introduction of a range of measures through the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 to control the use and distribution of fireworks. These measures are in addition to existing restrictions which already limit the time fireworks can be used and quantity that can be purchased by members of the public. Collectively these measures have strengthened the law around access to and use of fireworks to help enhance the safety and well-being of our communities. This Act introduces:

• A proxy purchase and supply offence: This makes it an offence to supply fireworks or pyrotechnics to a person under the age of 18.
• Firework Control Zones: This enables local authorities to designate an area as a firework control zone where it will be an offence for the public to use fireworks, with fireworks only permitted to be used as part of a public display. As you know, noise is discussed in statutory guidance on firework control zones but the use of these powers is for local authorities.
• Two offences relating to possessing pyrotechnics without a reasonable excuse: One relating to public places and one relating to designated sporting or music venues and events.
• A firework licensing system and restrictions on the days fireworks can be supplied to or used by the public: These measures are not yet in force due to being affected by the growing pressure on public finances and the need to focus resources on frontline services. Implementation of these measures has been paused but this is kept under close review.

I hope the above is helpful. Thank you again for writing.

Yours sincerely,
SIOBHIAN BROWN