Summary of the law on fireworks
The Fireworks Regulations 2004
These Regulations, made under the Fireworks Act 2003, form a comprehensive package of measures designed principally to tackle the anti–social and criminal use of fireworks via the regulation of supply and use.
The Regulations include:
Making permanent the Fireworks Regulations 2003, which made it an offence for the under 18s to possess category F2 & F3 fireworks in public places and an offence for anyone (other than a fireworks professional) to possess Category F4 (professional display) fireworks;
A requirement that all suppliers of fireworks will be required to obtain a licence to supply fireworks, from your local authority; this has the effect of restricting sales to within certain defined periods.
The periods where selling without an all-year sales licence are:
- November 5 (15 October to 10 November)
- New Year (26 December to 31 December)
- Chinese New Year (on the first day of the Chinese New Year and the three days immediately preceding it)
- Diwali (on the day of Diwali and the three days immediately preceding it)
The creation of a curfew on fireworks use between 11pm and 7am (in line with the Noise Act), with the exception of the following nights where the curfew will vary:
- November 5 until midnight
- New Year’s Eve 1am on the following day
- Chinese New Year 1am on the following day
- Diwali 1am on the following day
There is a requirement that importer’s supply information at the point of entry (the ports), to help ensure that the fireworks are destined for legitimate storage and distribution. This information will be passed on to the relevant authority responsible for storage licences to enable checks on deliveries to be carried out. The imposition of a maximum noise limit on category F2 and F3 fireworks, 120 decibels (in line with the harmonised European Standard – EN 15947).
The Pyrotechnic Articles (Safety) Regulations 2015
Age of purchase:
- adult fireworks (category F2 & F3) must not be supplied to persons under 1
- caps, cracker snaps, indoor fireworks, novelty matches, party poppers, serpents and throwdowns and some sparklers must not be supplied to persons under 16
- all fireworks for public use will have the relevant age limits shown on them
The following fireworks must not be supplied to the general public, except for persons with specialist knowledge:
- a category F4 firework
- a category T2 theatrical pyrotechnical article
- a category P2 other pyrotechnical article
The following categories F2 and F3 fireworks must not be supplied to members of the public:
- an aerial wheel
- a banger, flash banger or double banger
- a jumping cracker
- a jumping ground spinner
- a spinner
- a mini rocket
- a shot tube
- which produces a report as its principal effect
- the inside diameter of which is greater than 30mm
- a battery containing bangers, flash bangers or double bangers
- a combination (other than a wheel) which includes one or more bangers, flash bangers or double bangers
Other measures
Other measures include:
- packets of sparklers must carry the additional warning – “Warning: not to be given to children under five years of age”
- retail boxes of fireworks must not be split
- all fireworks intended for use by the general public must comply with EN 15947 or BS 7114 Part 2: 1988 (becoming obsolete)
- all fireworks not suitable (as determined by the Regulations) for use by the general public are to bear the warning - “This device must not be sold to, or used by, a member of the general public.”
Penalties
Failure to comply with these requirements can result in prosecution and an unlimited fine or a prison sentence of up to three months, or both.
The Fireworks (Safety) (Amendment) Regulations 2004
These Regulations, made under the Consumer Protection Act 1987, amend the Fireworks (Safety) Regulations 1997 to include:
- a ban on the supply of air bombs
- a replacement of the definition of mini-rockets – to restrict mini-rocket sales to help keep them away from young people
- a change in the legal defence of suppliers if they are caught selling to under 18s - this is an incentive for suppliers to be more diligent in determining the age of purchasers for instance, asking for proof of age. (adopt a challenge 21/25 policy)
Explosives Regulations 2014 (ER2014) Storage of fireworks
- no person may store more than 5kg of any hazard type 3 or 4 explosives unless that person holds a licence for their storage and complies with the conditions of that licence
- it is an offence for anyone to acquire more than 50 kg net explosive content of fireworks unless they (or someone else) hold a valid licence for storage (see exceptions ER2014)
- anyone who stores fireworks must take appropriate measures to prevent fire or explosion; limit the extent of fire or explosion and protect people from fire and explosion
The Explosives Act 1875 (as amended) – Section 30 Throwing fireworks
It is an offence to throw or discharge a firework in a street or public place.
Penalties
Failure to comply with these requirements can result in prosecution and an unlimited fine.