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

Part Four: Proxy Purchasing Offence

21. The Fireworks Review Group recommended that a proxy purchasing offence is introduced criminalising the supply of fireworks to people under the age of 18.

22. The misuse of fireworks and the effect this has on individuals and communities came across strongly in the 2019 consultation. The impact that the misuse of fireworks can have on people and communities emerged from written consultation responses and events held across Scotland, including consultation events in Glasgow and Edinburgh which demonstrated strongly the significant impact this has had. Respondents described large scale incidents within residential areas often including attacks on emergency service workers, involving people misusing fireworks, and described being too scared to leave their homes due to the perceived fear of harm. Anecdotal evidence suggested that young people were given fireworks to deliberately misuse.

23. The Review Group noted that a recurring theme in their discussions was the misuse of fireworks and impact this can have on individuals and communities, and there was general consensus that there would be value in making the existing legislation clearer on adults giving or supplying fireworks to those under the age of 18. The key objective of the proposed change is the protection of children from harm.

24. The Scottish Government proposes to introduce legislation to create the following offences in Scotland:

• To buy or attempt to buy fireworks for an individual under 18;
• To give or otherwise make available fireworks to an individual under 18; and
• To knowingly deliver fireworks to an individual under 18 regardless if an adult made or purchased the order (with the aim of reducing online sales of fireworks to individuals under 18).

Enforcement and Offences

25. Consideration is being given as to who will have enforcement responsibility for the proposed offences, in relation to the investigation of breaches of the law.

Currently similar offences occur for the sale and supply of alcohol and of tobacco products (or other nicotine vapour products) to individuals under 18:

• Section 104A and 104B of the Licensing (Scotland) Act 2005 makes it an offence to buy or attempt to buy alcohol on behalf of a child or young person, or to give (or otherwise make available) alcohol to a child or young person. A person guilty of these offences is liable on summary conviction to a fine, not exceeding level 5 on the standard scale (up to £5,000), imprisonment for a term not exceeding 3 months, or both. This legislation also makes it an offence for any responsible person to deliver (or allow to be delivered) alcohol to someone under 18. The offence covers, for example, circumstances where a child takes delivery of a consignment of alcohol ordered by an adult online or on the telephone and neither the exemption or defence to the charge applies.
• Similarly, sections 6 and 6A of Tobacco and Primary Medical Services (Scotland) Act 2010 makes it an offence to buy or attempt to buy tobacco products, cigarette papers or nicotine vapour products on behalf of a person under 18. A person guilty of these offences is liable on summary conviction to a fine not exceeding level 5 on the standard scale (up to £5000).

26. We propose to use a model similar to the proxy purchasing offence for tobacco or alcohol (see Box above) to create an offence of buying or attempting to buy, or otherwise make available fireworks to a person under 18. If found guilty a person would be liable on summary conviction to a fine not exceeding level five on the standard scale (up to £5000), imprisonment for a term not exceeding three months, or both.

Consultation Question

Question 16 a). Do you agree with the introduction of a 'proxy purchasing' offence in relation to fireworks to criminalise the supply of fireworks to young people under the age of 18?

• Yes
• No
• Unsure.

Question 16 b). Please explain your answer.

Question 17. Please tell us if you have any other comments on section one of the consultation that have not been covered by the other questions.