In recent years approximately 1,000 people per year have required treatment at hospital casualty departments, with 5% of these being classed as "serious accidents" requiring a stay of one or more nights in hospital. By introducing regulations it is hoped that this level of injuries will be reduced.
Anti-social behaviour involving fireworks covers a wide variety of issues, from fireworks being set off late at night, to deliberate physical harm, or threat of harm caused to people, property and animals. Any action where fireworks are used to harass, intimidate or cause damage to others is criminal and anti-social.
When can fireworks be used?
It is an offence for any person to use 'adult fireworks' between the hours of 11pm and 7am with the exception of permitted fireworks nights. Fire works may be used on the 5 November till 12 midnight, for Diwali, New Years Eve and Chinese New Year they may be used till 1am.
If fireworks are used during curfew times the penalty for this offence is a maximum fine of £5,000, six months' imprisonment, or both.
Throwing fireworks or setting off fireworks in public places
Throwing or setting off fireworks on any highway, street, thoroughfare or public place is prohibited. A public place is anywhere to which the public are entitled or permitted access. For example, someone's own yard/garden is not included, but the local park, streets, car parks and bus station are all public places.
What is the penalty for throwing or setting off fireworks in public places?
There is a fixed Penalty Notice that can be enforced by the police for this offence. A fixed penalty notice can also be enforced if anyone under 18 is found possessing a firework in a public place.
Nuisance and danger caused by fireworks
Firework noise is short lived and in practice it can be difficult to locate the source. If the source can be located and there is regular occurrence of noise that can be proved then officers from South Holland District Council can issue an abatement notice.
For long term problems it is possible to use acceptable, behaviour contracts (ABCs) anti-social behaviour anti-social behaviour injunctions (ASBIs), dispersal notices and anti-social behaviour orders (ASBOs) to anyone causing "harassment, alarm or distress. If the order is ignored there is a possible prison sentence of up to five years.
Breach of the peace: misuse of fireworks may also amount to a breach of the peace, particularly where an individual lets off a firework in the street and is causing a nuisance or where fireworks are being let off at an unreasonable hour of the night.
It is an offence if a person uses Disorderly behaviour within the hearing or sight of another person causing them harassment, alarm or distress. This is a more serious offence than breach of the peace and requires a higher test of proof, but can also be employed by the police to tackle the anti-social use of fireworks under certain circumstances.
Who can seize or confiscate fireworks?
Trading Standards and the Police can confiscate fireworks from individuals who are misusing them or storing them illegally.
What are the stop and search powers for fireworks?
Police can stop and search anyone or any vehicle suspected of possessing a prohibited firework in a public place.
What are prohibited fireworks?
For adults prohibited fireworks are:
any category 4 (professional use only) firework - Category 4 fireworks are clearly labelled
- air bombs
- aerial shells
- aerial maroons
- shell-in-mortar and maroons-in-mortar
- all bangers (including 'batteries' containing bangers, such as Chinese crackers)
- mini-rockets
- fireworks with erratic flight (e.g. ground spinners, jumping jacks, squibs)
- and any category 3 firework which generates a sound greater than 120 decibels
For children under 16 prohibited fireworks are:
- caps
- cracker snaps
- novelty matches
- party poppers
- serpents and throwdowns possessed in a public place.
Managing the sale and supply of fireworks
All fireworks sold must conform to British safety standards. To identify this all fireworks legally sold must have the British Standard Code 'BS 7114' printed on the box and/or on the firework.
Trading standards officers, customs officers and the Fire Service have a role to play in ensuring that fireworks are stored correctly and supplied to an appropriate person(s). Failure to comply can result in prosecution with a maximum fine of £5,000 or six months' imprisonment or both.
Where should I buy fireworks?
Illegal firework sales should be reported to Trading Standards - of specific concern are fireworks sold to under 18's through black economies i.e. street hawkers, pub sellers and car boot sales. There is a direct link between these sales and anti-social use of fireworks.
Any person selling adult fireworks to members of the public for an extended period around the usual fireworks season dates must have a licence granted by either Trading Standards or the local Fire Service.
Suppliers of fireworks are required to display a notice (not less than 420mm by 297mm) informing customers of the law in relation to underage sale and possession of fireworks.
For further information view the Department of Trade and Industry website.
