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

Part Two: Restrict the days fireworks can be sold and set off

7.The Fireworks Review Group recommended that restrictions are introduced on the days and time when fireworks can be set off by the general public. The Review Group suggested that amending the days fireworks can be used has the potential to ease the burden on our emergency services and reduce the noise and disturbance that fireworks can cause. It would also allow those responsible for animals to have advanced notice of when to expect fireworks to be used and therefore enable them to put safeguarding measures in place. Following this recommendation regulations have been made by the Scottish Ministers to restrict the times of day fireworks can be used by the general public to between 6 pm and 11 pm, with the exception of 5 November (when they can be used from 6 pm until midnight), New Year's Eve, the night of Chinese New Year and the night of Diwali (when they can be used from 6 pm until 1 am). These regulations come into force on 30 June 2021.

8. There are currently no restrictions on the days fireworks can be used, and this section outlines proposals for implementing this recommendation. The Review Group recommended that these restrictions focus on the private use of consumer fireworks by the general public and include reducing the days fireworks can be used to a smaller window, potentially to coincide with traditional selling periods. It is proposed that these restrictions do not extend to community groups at publicly organised events or to professional fireworks operators.

9. Current legislation requires retailers selling fireworks in Scotland to have a storage licence to sell fireworks during traditional firework periods, or an all-year sales licence for those retailers wishing to sell outside of these periods. Further details can be found in the Technical Annex (Annex A). Traditional selling periods are:

• 15 October to 10 November;
• 26 December to 31 December;
• The 1st day of the Chinese New Year and the three days immediately preceding it; and
• The day of Diwali and the three days immediately preceding it.

10. The Scottish Government proposes to restrict the days fireworks can be used by the general public to the following dates:

• 29 October to 12 November;
• 26 December to 31 December;
• The 1^st day of Chinese New Year and the week immediately following it; and
• The 1^st day of Diwali and the week immediately following.

11. We also propose to introduce restrictions to limit the days fireworks can be sold to the general public in Scotland to coincide with the proposed changes to when they can be used. This goes further than the Firework Review Group recommendation which focusses on restricting the days they can be used. However, it is proposed that having fireworks available to purchase for long periods when they are not able to be used could lead to confusion for both retailers and consumers, and issues around stockpiling. It is proposed that this is implemented by amending the dates fireworks can be sold to the general public to:

• 27 October to 10 November
• 26 December to 31 December
• The 1st day of the Chinese New Year and the three days immediately preceding it
• The day of Diwali and the three days immediately preceding it.

12. It is proposed this would involve shortening the period temporary storage licences can be granted to retailers to these dates; and restricting retailers with an all-year round sales licence selling fireworks to the general public in Scotland to these dates.

13. These proposed restrictions would not prevent retailers with an all year round sales licence from continuing to sell fireworks remotely to consumers from other countries (such as England and Wales) or to events' organisers in Scotland throughout the year, including community groups; with the restrictions only applying to the sale of fireworks to the general public in Scotland. It is also proposed that these restrictions apply equally to retailers based in and outside of Scotland if any part of the supply – including the physical transfer of fireworks to consumers - takes place in Scotland.

14. Trading Standards are responsible for enforcing the law on the supply of fireworks. This covers all forms of supply, including remotely, such as online. Police Scotland are responsible for enforcing the law on the use of fireworks in Scotland. We intend, therefore, that Police Scotland would be responsible for enforcing the use of fireworks within the proposed dates, and Trading Standards responsible for enforcing the supply of fireworks within the proposed dates.

15. The Fireworks Act 2003 (section 11) sets out that any person who contravenes a prohibition imposed by fireworks regulations is guilty of an offence punishable on summary conviction, by a fine not exceeding level five on the standard scale (up to £5000) or up to six months imprisonment. It is proposed that a similar provision and punishment would apply to the new prohibitions against members of the general public setting off fireworks outwith the permitted dates and retailers selling fireworks outwith the permitted supply periods.

Consultation Questions

Question 8 a). Do you agree with the proposed restrictions on the days fireworks can be used by the general public?

• Yes
• No
• Unsure.

Question 8 b). Please explain your answer.

Question 9 a). Do you agree with the proposed restrictions on the days fireworks can be sold to the general public?

• Yes
• No
• Unsure.

Question 9 b). Please explain your answer.