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Consultation on proposals to tackle the anti-social use of fireworks through the regulation of their use and supply. Consultation on proposals to tackle the anti-social use of fireworks through the regulation of their use and supply.

The Fireworks Act 2003 received Royal Assent on 18 September 2003. This legislation attempts to reduce the noise, nuisance and injuries caused by the misuse of fireworks. The following consultation document, from The Department of Trade and Industry, proposes a set of regulations in order to secure no risk, or minimal risk, of negative firework effects. In accordance with the Act, these measures will prevent death, injury or distress to persons or animals, or damage to property resulting from fireworks.

Title: Consultation on proposals to tackle the anti-social use of fireworks through the regulation of their use and supply.
Author: The Department of Trade and Industry
Number of pages: 48
Date Published: April 2004

The main objective of implementing selected provisions of the 2003 Act is to reduce the risk that fireworks are misused by anti-social individuals in a way that could cause problems to communities. These regulations will encourage consumers to be more considerate when using fireworks.

Proposed Regulations

The proposed Regulations consist of the following:

• to make permanent the emergency Fireworks Regulations 2003 – where it is an offence for anyone under the age of 18 to possess fireworks in a public place, and for the possession of category 4 fireworks, eg professional display fireworks, by any person other than a fireworks professional

• to create a 11pm - 7am curfew on the use of fireworks – with exemptions for traditional and multi-cultural celebrations

• to prohibit the public supply of category 3 fireworks that exceed 120 decibels;

• a licensing regime where those intending to supply fireworks to the public all year round need a license from their Local Authority; including public suppliers from internet, mail-order or retail/ wholesale, displaying a notice informing consumers of the law regarding underage sales and possession

• all importers of fireworks will provide Customs and Excise with details as to the destination of their product - so as to allow for a port to point-of-sale audit trail to help clamp down on illegal storage and distribution.

These proposals, a package of measures designed to tackle the problem of fireworks misuse and illegal distribution, are complementary to the recent proposed Fireworks Regulations 2004 – which are expected to come into force late in May 2004. These regulations propose:

• a ban on the supply of air bombs

• a clearer definition of mini rocket usage

• a change of the 'due diligence' defence of 'strict liability' for suppliers, in relation to the sale of fireworks to those under the age of 18

Consultation Responses

Please submit your responses to this consultation by post or email to:

David Southerland
Consumer and Competition Policy Directorate
Room 427
Department of Trade and Industry
1 Victoria Street
London SW1H 0ET
David.Southerland@dti.gsi.gov.uk

The closing date for responses must be received by Friday 2nd July 2004.

When responding please state whether you are responding as an individual, or representing the views of an organisation. If responding on behalf of an organisation, please make it clear who the organisation represents and, where applicable, how the views of members were assembled.

Download: Consultation on proposals to tackle the anti-social use of fireworks through the regulation of their use and supply PDF 369kb

Last update: 28 April 2004