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In recent years, many residents have contacted local MPs about the nuisance caused by fireworks. This nuisance includes injuries caused by misuse particularly among young teenagers, general public nuisance that fireworks can cause, and the effect they have on domestic animals.
Many complaints concentrate on the problem of fireworks being set-off at any time of the day and night. It is against this background that the new Fireworks Act 2003 was brought into force. It was in recognition of the fact that other existing legislation was inadequate to deal with the increasing anti-social use of fireworks. In introducing new legislation the Government has attempted to strike a balance between freedom of use, and prevention of misuse.
The fireworks industry is now regulated by a range of measures covering authorisation, manufacture, transport, storage and supply. Regulations dictate when fireworks can be bought, by whom and the types of fireworks that can be offered for sale. They also dictate who can be in possession of fireworks and the times of the day when fireworks can be let off. These reforms have been introduced by the following legislation:
The Fireworks Act 2003
- Enabling piece of legislation which confers power on the Secretary of State to make regulations in order to ensure that there is either no risk, or a minimal risk compatible with use, that fireworks cause death, injury or distress to persons or animals, or damage to property.
Criminal Justice Act 2003
- Allows the police to stop and search for items which they suspect may be intended for use in causing criminal damage. Police can ‘stop, search, seize, and confiscate fireworks in all cases where they have reasonable suspicion that the offences of illegal possession ….are being committed’.
The following Regulations have been introduced under the terms of The Fireworks Act 2003:
The Fireworks (Safety) Amendment Regulations 2004
- Bans the supply of air bombs
- Changed the ‘due diligence’ defence to that of ‘strict liability’ for suppliers in relation to the sale of fireworks to those under the age of 18, thereby placing a much stronger obligation on retailers to check that customers are over 18.
The Fireworks Regulations 2004
- Makes it an offence for anyone under the age of 18 to possess a category 4 firework in a public place. Punishable by Fixed Penalty Notice (see ‘other initiatives’).
- Curfew on the use of fireworks – set between 11pm and 7am. Curfew on Diwali Night, the Chinese New Year and New Year’s Eve will not start until 1am. On bonfire night (November 5th), curfew starts at midnight.
- People who break the curfew could receive a fine of up to £5,000 and/or six months imprisonment.
- Prohibits the supply to the public of category 3 fireworks that exceed 120 decibels. Category 3 fireworks are the loudest and most powerful fireworks available for public use.
- Creates a licensing system whereby those intending to supply fireworks to the public all year round (whether retail or wholesale) are required to apply for a license to do so from their Local Authority.
- All firework suppliers to the public, whether internet, mail-order or retail/wholesale, display a notice informing consumers of the law regarding underage sales and possession.
- All importers of fireworks must provide Customs and Excise with details as to the destination, storage and wholesale distribution of their firework consignments.
Other initiatives
Fixed Penalty Notices
- From April 2004 the offence of letting fireworks off in the street became punishable by a fixed penalty notice – attracting the upper tier of £80.
- From October 2004 police have also had the power to issue fixed penalty notices to those under the age of 18 caught possessing a firework or those breaching the 11pm curfew time.
Additional Information
For advice and support on the issue of fireworks, and other anti-social behaviour issues, you can contact the TOGETHER Actionline on 0870 220 2000, or on the internet at the TOGETHER website (www.together.gov.uk).
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