Fireworks and Pyrotechnics Bill: consultation analysis

Footnotes

1. A response was taken to be a duplicate if both the respondent name and email address matched. If the answers at the closed questions matched across duplicate/triplicate responses, the content at the open questions was merged. If the answers at the closed questions differed, the most recently submitted response was included within the analysis.

2. Organisations were placed into a group based on name and, where available, after accessing information on relevant websites including the organisation's own website. Classification also took account of the primary driver for the submission.

3. Available at https://www.gov.scot/publications/firework-review-group-report-scottish-government/

4. Available at https://www.legislation.gov.uk/ssi/2021/79/contents/made

5. Available at https://www.gov.scot/publications/consultation-fireworks-scotland-experiences-ideas-views-analysis-responses-public-consultation-exercise/

6. At the firework consultation event for sight loss organisations it was reported that one traumatic experience for a guide dog could lead to them having to retire.

7. Category F2 fireworks are fireworks which present a low hazard and low noise level and which are intended for outdoor use in confined areas.

8. Attendees at the firework consultation event for firework retailers were asked what the average firework sale transaction was in Scotland. They estimated that the cost of fireworks for a small garden display would usually be £50 - £70, with larger private events typically costing between £500 - £1000.

9. As an example, applicants for a licence to sell alcohol are subject to a 'fit and proper person' test in relation to five licensing objectives. A licence can be refused if a licensing board considers that the applicant is not a fit and proper person to be the holder of a premises licence.

10. Statutory consultees are specified bodies that the law requires to be consulted. For example, a licensing board is required by law to consult with the local licensing forum and health board when developing its statement of licensing policy. Licensing boards are also encouraged to consult more widely with people and agencies that could have relevant evidence.

11. The exceptions are 5 November (when they can be used from 6 pm until midnight), New Year's Eve, the night of Chinese New Year and the night of Diwali (when they can be used from 6 pm until 1 am).

12. Public attitudes towards fireworks in Scotland: representative omnibus survey, Scottish Government, 2019. Available at: https://www.gov.scot/publications/public-attitudes-towards-fireworks-scotland-representative-omnibus-survey/

13. A notice to airmen (NOTAM) is a notice filed with an aviation authority to alert aircraft pilots of potential hazards along a flight route or at a location that could affect the safety of the flight.

14. The Tobacco and Primary Medical Services (Scotland) Act 2010 section 6 sets out that 'A person aged 18 or over who knowingly buys or attempts to buy a tobacco product or cigarette papers on behalf of a person under the age of 18 commits an offence.'

15. At present, fireworks which make a noise of over 120 decibels when they are set off cannot be sold to the general public.

16. Please note that the Scottish Government has access to all responses and responses from organisations. These are amongst those published on the Scottish Government's website.

17. Protocol 1, Article 1 states that 'Protection of property Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.'

18. Reference was made to: https://www.autism.org.uk/advice-and-guidance/what-is-autism

19. The consultation paper describes a pyrotechnic as a device which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions.