Firework Offences

Question 1

Which acts relate to fireworks?

Answer 1

Fireworks Act 2003

Explosives Act 1875

The Fireworks Regualtions 2004

Fireworks Safety Regulations 1997

Question 2

In this Act “fireworks” means devices which—

Answer 2

(a) are fireworks for the purposes of the British Standard Specification relating to fireworks published on 30th November 1988 (BS 7114) or any British Standard Specification replacing it, or
(b) would be fireworks for those purposes if they were intended as a form of entertainment.

Question 3

It is an offence for any person:

Answer 3

• To throw, cast or fire any firework in or onto any highway, street, throughfare or public place (s 80 of the Explosives Act 1875)
• To deliberately throw or set fire to a firework in the street to the obstruction, annoyance, or danger of residents or passengers (s 28 of the Town police Clauses Act 1847).
• Offence for anyone under the age of 18 to posses fireworks in a public place, except for indoor fireworks (reg 4 of the Fireworks Regulations 2004) e.g caps, sparklers and throwdowns

Question 4

Firework offences penalties

Answer 4

Triable summarily - alternatively a PND can be used, apart from an offence under s 28 of the Town police Clauses Act 1847.

Question 5

Selling Fireworks

Who can sell fireworks?

Answer 5

A special licence is required for a trader to sell fireworks to the public throughout the year.

Traders without a special licence can only sell fireworks to members of the public during the following periods:

• First day of Chinese New Year and three days prior to this;
• Diwali and three days prior to this
• between 15 October and 10 November and
• 26 and 31 December

Question 6

Under s 12(1) of the Consumer Protection Act 1987 it is an offence to do what?

Answer 6

Supply fireworks (including sparklers but excluding all other indoor fireworks) to persons under the age of 18 years.

Offence is triable summarily and the penalty is a fine.

Question 7

What is a firework curfew?

Answer 7

A period of time where the general use of fireworks is not permitted.

Question 8

Under reg 7(1) of the Fireworks Regulations 2004 it is a summary offence to do what?

Answer 8

Use an ‘adult firework’ (essentially all fireworks other than indoor fireworks) between 2300 and 0700 hours the next day.

The penalty for this offence is 6 months imprisonment and/or a fine, or a PND.

Question 9

Different firework curfews

Answer 9

First day of the Chinese New Year: 0100 hrs the following day.

5 November: Midnight

Diwali: 0100 hrs the following day.

31 December: 0100 hrs the following day.

Question 10

What are large fireworks known as?

Answer 10

Category 4 fireworks

Question 11

What are the restrictions of large/ category 4 fireworks for public displays?

Answer 11

May only be used by an appropriately qualified person (reg 5 of the Fireworks Regulations 2004).

Members of the general public are prohibited from possessing such fireworks, except for any person who is employed by the local authority, or who is involved in public or commercial firework displays.

A breach of reg 4 of 5 is a criminal offence under s 11 of the Fireworks Act 2003. The offence is triable summarily, and the penalty is a fine.