Use and sale of fireworks, and tackling the misuse of pyrotechnics: consultation

Section One: Fireworks

The Scottish Government is committed to ensuring fireworks are used safely, handled with care and do not cause harm, distress or injury. As part of this, the Scottish Government is consulting on introducing a Bill to change how fireworks are sold and used in Scotland with the aim ofprotecting public and community safety and wellbeing.

The term fireworks is used throughout this document to refer to F2 and F3 fireworks (see Glossary).

The Scottish Government is seeking views on the introduction of four changes to how fireworks can be sold and used in Scotland:

• Requiring the general public and community groups to meet a number of mandatory conditions before they are able to purchase fireworks.
• Restricting the days fireworks can be set off by the general public and restricting the days fireworks can be sold to the general public.
• Introducing no-fireworks areas where it is not possible for the general public to set fireworks off.
• Introduction of a proxy purchasing offence to criminalise the supply of fireworks to people under the age of 18.

Between February and May 2019, 'A consultation on fireworks in Scotland: Your experiences, your ideas, your views' started a conversation with the people of Scotland on how fireworks are sold and used. This was an important step in gathering valuable evidence on a range of opinions and perspectives and covered organised displays, private use by individuals, and the inappropriate use of fireworks. Over the consultation period 29 engagement events were held – 24 open public events, and five events for specific population groups including young people. A total of 16,420 responses were received from members of the public and stakeholder organisations, demonstrating the high level of interest in this issue across the country. An online opinion poll was carried out to complement the consultation and provide findings that are representative of people across Scotland.

In October 2019, the Minister for Community Safety published the 'Fireworks Action Plan: Promoting the safe and appropriate use of fireworks in Scotland' which set out how the Scottish Government would address the concerns expressed through the national consultation and continue to promote the safe and appropriate use of fireworks. The Action Plan set out activities that were taken forward immediately, as well as longer term actions that will collectively support a change in how fireworks are used in Scotland. The Action Plan can be split into two parts: 1. the Fireworks Review Group; and 2. the non-legislative actions that sit alongside it. This consultation is about the first part, the actions that arise from the Fireworks Review Group.

The independent Fireworks Review Group, appointed by the Minister for Community Safety and chaired by Alasdair Hay CBE QFSM was asked to consider the legislative and regulatory options for change that emerged from the 2019 consultation and provide clear recommendations on what change is required going forward. The Group started its work in November 2019 and reported in November 2020. The Group reached a majority consensus that a fundamental shift is required in how fireworks are accessed and used by the general public in Scotland through the introduction of a comprehensive set of measures, including:

• The introduction of mandatory conditions before consumers are able to purchase fireworks.
• Restricting the times of day fireworks can be sold and the volume of fireworks that can be purchased.
• Restricting the days and times fireworks can be set off.
• A provision for no-fireworks areas / zones to be introduced where it is not permitted for fireworks to be set off, with local communities having a key role in influencing this.
• The introduction of a proxy purchasing offence criminalising the supply of fireworks to people under the age of 18.

The report from the Group is available online.

Some of the recommendations from the Group have been taken forward in secondary legislation. In February 2021, the Minister for Community Safety laid the Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 which amends the Fireworks (Scotland) Regulations 2004. The changes implemented by these regulations, which come into force on 30 June 2021, include:

• Amending the times of day fireworks can be used by the general public to between 6pm and 11pm, with the exception of 5 November (when they can be used from 6pm until midnight), New Year's Eve, the night of Chinese New Year and the night of Diwali (when they can be used from 6pm until 1am).
• Amending the times of day fireworks can be supplied to the general public to during the daytime hours of 7am and 6pm, alongside existing requirements on retailers around sale and storage licences.
• Limiting the quantity of fireworks that can be supplied to the general public to 5kg.

The Technical Annex (Annex A) provides further details on these changes.

The purpose of Section 1 of this consultation is to seek views on the introduction of the four remaining recommendations from the Firework Review Group that require primary legislation:

• Requiring the general public and community groups to meet a number of mandatory conditions before they are able to purchase fireworks.
• Restricting the days fireworks can be set off by the general public. In addition to the Firework Review Group's recommendations, we are also consulting on proposals to restrict the days fireworks can be sold to the general public in Scotland by retailers.
• Introducing no-fireworks areas where it is not permitted for the general public to set fireworks off.
• Introduction of a proxy purchasing offence to criminalise the supply of fireworks to people under the age of 18.

Banning the Sale of Fireworks

We recognise both the 2019 public consultation, and the representative opinion poll carried out in 2019, demonstrate strong support for a change in how fireworks are sold. There was support for a complete ban on the supply and sale of fireworks, particularly among individuals who chose to respond to the consultation. It is our view that implementing a ban on fireworks is reserved to the UK Government. Furthermore, the Fireworks Review Group recommended that a complete ban on the sale of consumer fireworks is not introduced at this time given the risk of unintended consequences, and this is therefore not included within the consultation.