Dear Constituent,
Thank you for contacting me about fireworks.
While many people enjoy the use of fireworks on special occasions, I appreciate that others do not like them and are concerned about the impact on animal welfare.
Firework regulations allow fireworks for home use to be sold during the traditional firework periods of Bonfire Night, New Year’s Eve, Chinese New Year and Diwali. Suppliers who wish to sell fireworks outside the traditional periods must comply with stringent conditions before being granted a licence by their local licensing authority. This means the availability and use of fireworks outside the traditional periods has been greatly reduced.
Although there is some use of fireworks outside the traditional periods, the majority of people who use fireworks do so at the appropriate times of year and have a sensible and responsible attitude towards them.
Regulations allow the general public to buy and use certain categories of fireworks for family use and for private firework displays. These are classified as F2 and F3 and are available for sale to people aged 18 and over. All fireworks on sale to the public are required to comply with essential safety requirements, set down in UK law, which govern how they are made, tested and labelled.
Fireworks used for professionally-organised displays, classified as F4, are available for sale only to people who have undertaken an accredited course of training in pyrotechnics and who hold relevant professional insurance.
It is up to local councils to decide whether or not to put on public displays. These are covered by Health and Safety legislation which requires the display organisers to ensure the safety of the display operators, spectators and those in the near vicinity of the display site.
There are regulations which prevent the use of fireworks between 11pm and 7am all year round with the exception of 5 November, when the curfew starts at 12 midnight, and New Year’s Eve, Chinese New Year and Diwali, when the curfew starts at 1am on the night of celebration.
Excessive noise from fireworks, or noise during the curfew period, can be considered a statutory nuisance and local authority environmental health officers have the power to investigate complaints of fireworks noise and act to prevent it where appropriate.
The Government has considered very closely the matter of a ban on the sale of fireworks to the general public. All the evidence, however, is that the majority of people who enjoy fireworks are prepared to use them sensibly and responsibly on specific occasions as a form of popular family entertainment. The Government therefore concluded that fireworks should not be banned for sale to, or use by, the general public.
The Government is also concerned that a ban could lead to an unregulated ‘black market’ in illegal fireworks and could encourage people to produce their own dangerous homemade devices. Enforcement of the existing regime, rather than a ban, helps to prevent this occurring.
Police are able to issue penalty notices to persons aged 16 and over for a range of offences related to the misuse of fireworks. These include throwing fireworks, possession of a firework designated only for displays, possession by a person under 18 of an adult firework and breach of the fireworks curfew.
There is a comprehensive package of measures in the Firework Regulations 2004 which is designed to tackle the anti-social use of fireworks through the regulation of both use and supply. These include a number of prohibitions on the importation, sale, possession and use of fireworks late at night. The Regulations also prohibit the possession of adult fireworks in a public place by anyone under the age of 18 and the police have the powers to enforce this part of the Regulations.
In addition, there are measures in the Explosives Act 1875 which prohibit anyone from throwing fireworks in or into roads or public places. The police have the powers to enforce this section of the Act. Also, in the interests of consumer safety, the Pyrotechnic Articles (Safety) Regulations (2015) prohibit the sale of certain fireworks, set out strict labelling requirements and place restrictions on those fireworks permitted to be sold and restrict their sale to persons over the age of 18.
While there are no plans at the moment to place further limitations on the use of fireworks, the Office for Product Safety and Standards (OPSS) engaged with a wide range of views and developed an evidence base on the key issues that have been raised around fireworks including noise, as well as anti-social behaviour, non-compliance, environmental impact, and the impact on humans and animals.
Following the review by the OPSS, I understand that the Government remains committed to promoting the safe and considerate use of fireworks through the effective legislative framework and through non-legislative measures. Any further restrictions on fireworks sold to the public by retail outlets could possibly lead to more individuals buying products inappropriately, through online social media sources or from outside the UK which could drive individuals to source fireworks from illegitimate or unsafe suppliers, where products may not meet the UK’s safety requirements.
The Government has previously run public awareness campaigns and worked with a variety of stakeholders, including animal welfare groups, to promote the safe and considerate use of fireworks to the general public, to ensure that those using them do so safely and considerately.
I appreciate that there are concerns about the impact of fireworks on animals and people, as noted above the Government does not have any current plans to restrict the days when fireworks can be used. I can confirm that they also do not have plans to make all fireworks silent or reduce the maximum noise level of fireworks to 90 decibels. Ministers continue to support the considerate use of fireworks, as well as any action taken to reduce the risks and disturbances to individuals, animals and property.
I am aware that there is a noise level limit of 120 decibels on fireworks for home use, which helps to reduce disturbance to both animals and people. The Animal Welfare Act 2006 makes it an offence to cause unnecessary suffering to animals through the misuse of fireworks. Fireworks should not be set off near livestock or close to buildings that house livestock, or near to horses in fields. Anyone planning a firework display in rural areas should warn neighbouring farmers.
Thank you again for taking the time to contact me.
Sincerely,
