Use and sale of fireworks, and tackling the misuse of pyrotechnics: consultation
We are seeking your views on changes to how fireworks can be sold and used in Scotland and the use of pyrotechnic devices.
Footnotes
1. As outlined in The Pyrotechnic Articles (Safety) Regulations 2015
2. As defined in The Pyrotechnic Articles (Safety) Regulations 2015
3. As defined in The Pyrotechnic Articles (Safety) Regulations 2015
4. The British Fireworks Association estimate that approximately 258,824 consumer firework sales take place in Scotland every year
5. Under the Rehabilitation of Offenders Act 1974, there are protections for people with convictions not to have to disclose them once they have become 'spent'. A conviction becomes spent after expiry of a certain period following conviction depending on the sentence received e.g. a conviction which results in a fine becomes spent after 12 months.
6. When references are made to fireworks this relates to category F2 and F3 fireworks. Category F2 fireworks are fireworks which present a very low hazard and low noise level and which are intended for outdoor use in confined areas. Category F3 fireworks are fireworks which present a medium hazard, which are intended for outdoor use in large open areas and whose noise level is not harmful to human health.
7. Adult fireworks are Category F2, F3 and F4 fireworks and do not include Category F1 fireworks like party poppers. Category F4 fireworks are only available to fireworks professionals.
8. The survey sought to better understand how many firework displays take place in different local authority areas, what processes are in place locally around organising public fireworks displays, to gain an insight into what kind of guidance local authorities feel would helpful. 22 local authorities responded.
9. Aberdeen Council; Argyll & Bute Council; City of Edinburgh; Clackmannanshire Council; Dumfries & Galloway Council; East Ayrshire Council; East Dunbartonshire Council; Falkirk Council; Glasgow City Council; Midlothian Council; North Ayrshire Council; North Lanarkshire Council; Orkney Island Council; Scottish Borders Council; South Ayrshire Council; Stirling Council; West Dunbartonshire Council; and West Lothian Council.
10. Retailers looking to sell fireworks over specified dates must apply to the relevant local authority for a temporary storage licence to do so. A separate licence is required for retailers that sell fireworks throughout the year. The temporary storage licence can be applied for and granted on a multi-year basis, which means the application and licensed granted covers the retailer for a number of years (up to 5 years)
11. Including VAT on retail sales, import duty, licensing revenue, national insurance contributions.
12. The survey sought to better understand how many firework displays take place in different local authority areas, what processes are in place locally around organising public fireworks displays, to gain an insight into what kind of guidance local authorities feel would helpful. 22 local authorities responded.
13. Evaluation of Firework Related Harm, 2020 . Report by Eleanor Robertson (NHS Scotland) on behalf of the Firework Review Group.
14. Category F2 fireworks are fireworks which present a low hazard and low noise level and which are intended for outdoor use in confined areas. Category 3 fireworks are fireworks which present a medium hazard, which are intended for outdoor use in large open areas and whose noise level is not harmful to human health.
16. Membership included: Police Scotland, SFRS, Scottish Ambulance Service, Local Authority Licensing, Trading Standards, Scottish Community Safety Network, British Pyrotechnics Association, British Fireworks Association, NHS Greater Glasgow and Clyde / Care of Burns in Scotland, Veterans Scotland and Community Representatives.
17. A nationally representative opinion poll of people's views on increasing control over the sale and use of fireworks was carried out in 2019, providing findings that are representative of adults across Scotland
18. A rapid review of the existing evidence that considers the impact of fireworks in the context of international legislation and regulations, including evidence relating to injury, pollution, noise and animal welfare was undertaken
19. Refer to Definitions of Protected Characteristics document for information on the characteristics
20. Valentinuzzi, M. E. (2018). Fireworks, Autism, and Animals What "fun" noises do to sensitive humans and our beloved pets. IEEE Pulse, 9(5), 37-39. DOI: 10.1109/MPUL.2018.2856961
21. In respect of this protected characteristic, a body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work. This is because the parts of the Act covering services and public functions, premises, education etc. do not apply to that protected characteristic. Equality impact assessment within the Scottish Government does not require assessment against the protected characteristic of Marriage and Civil Partnership unless the policy or practice relates to work, for example HR policies and practices.
22. See EQIA – Setting the Scene for further information on the legislation.
Contact
Email: fireworks@gov.scot
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