Fireworks and the Law

Anyone living in a population centre will undoubtedly see the colourful flash and hear the distinctive crackle of fireworks over the next couple of weeks.

I quite like fireworks, but have never bought any for my own use. I much prefer the safety, variety and dazzling quality you get when you attend a professionally organised fireworks display. That said many people do like to purchase fireworks for their own use and legislation is in place to ensure that can be done as safely and responsibly as possible.

The use of fireworks in England and Wales is governed by two main pieces of legislation - the Fireworks Act 2003 and the associated Fireworks Regulations 2004 (as amended by the Fireworks (Amendment) Regulations 2004).

Today's article takes a look at the main snippets of legislation that apply to anyone in England and Wales purchasing fireworks for their own use from a non-specialist, non-licensed retailer (e.g. the corner shop or supermarket).

Three categories of fireworks can be purchased by ordinary, non-specialist members of the public - these are known as F1, F2 and F3 fireworks. Generally speaking F1 fireworks can be safely used in confined spaces, F2 fireworks can be safely used in a garden and F3 fireworks can be safely used in a field.

Sale of fireworks

Regulation 9 of the 2014 Regulations governs the licensing of retailers selling fireworks to members of the public. A retailer holding such a licence can sell fireworks to members of the public at any time. A licence can be granted by a local authority, fire brigade or the Health & Safety Executive.

A retailer without a licence can only sell fireworks or expose fireworks for sale on specific days of the year, namely:

• from 15th October up to and including 10th November, to coincide with Bonfire night;
• from 26th December up to and including 31st December, to coincide with New Year.
• On the day of Chinese New Year and the three days immediately preceding it;
• On the day of Diwali and the three days immediately preceding it.

The maximum penalty for breaching this regulation is 6 months' custody and/or an unlimited fine.

It is an offence under regulation 31 of the Pyrotechnic Articles (Safety) Regulations 2015 for a retailer to supply any of the following:

• A Christmas cracker to anyone under the age of 12 years;
• A category F1 firework to anyone under the age of 16 years;
• A category F2 or F3 firework to anyone under the age of 18 years.

The maximum penalty for breaching this regulation is 3 months' custody and/or a fine at level 3 (currently £1,000).

Possession of fireworks

Regulation 4 of the 2014 Regulations makes it an offence for anyone under the age of 18 years to have in their possession an adult firework (e.g. a category F2 or F3 firework) in a public place. It defines a public place as any place that members of the public have access to at the material time, whether on payment or otherwise.

Regulation 5 of the 2014 Regulations makes it an offence for any person, subject to the exemptions in regulation 6, to have in their possession a category F4 firework. This regulation is not limited to public places.

The maximum penalty for breaching either of these regulations is 6 months' custody and/or an unlimited fine, although breaches of regulation 4 are commonly dealt with by way of a fixed penalty.

Section 134 of the Policing and Crime Act 2017 makes it an offence for any person to possess a pyrotechnic article (which includes any type of firework) during their attendance at a qualifying music event, unless they have the permission of the person organising the event.

The maximum penalty for an offence under this section is 3 months' custody and/or a fine at level 3.

Use of fireworks

Regulation 7 of the 2014 Regulations limits the use of fireworks during night hours (defined as between 11 pm and 7 am).

It is an offence to set off fireworks during night hours unless any of the following circumstances apply:

• The fireworks are set off on a permitted fireworks night (described later);
• The fireworks are set off by an employee of a local authority for the purposes of a display organised by that authority or a national public celebration or commemorative event.

A permitted fireworks night means any of the following:

• the period between 11 pm on the first day of the Chinese New Year and 1 am the following morning;
• the period between 11 pm on 5th November (Bonfire night) and 12 midnight that same night;
• the period between 11 pm on the first day of Diwali and 1 am the following morning.
• the period between 11 pm on 31st December and 1 am the following morning.

The maximum penalty for breaching this regulation is 6 months' custody and/or an unlimited fine, although breaches are commonly dealt with by way of a fixed penalty.

Section 80 of the Explosives Act 1875 make it an offence to throw fireworks in any public place. The maximum penalty for this offence is a fine at level 3.

That concludes our whistle stop tour of fireworks legislation in England and Wales.

I hope everyone has a safe and enjoyable Bonfire night, notwithstanding the unusual circumstances of current the coronavirus outbreak.