Meeting documents

1 THE ISSUE

1.1 As requested by Council, to outline the Council's current policy in tackling the problems caused by fireworks and possible measures for making it more robust.

2 RECOMMENDATION

2.1 The current legislative control over the sale and use of fireworks, the new enforcement regime to be introduced in 2005, the Council's voluntary registration scheme to promote greater safety at events involving fireworks, and the multi agency campaign to promote the safe use of fireworks.

3

FINANCIAL IMPLICATIONS

3.1 The standard premises licence fee set by statute is £12; this will not cover the cost of administration and enforcement. The additional cost of the new licensing regime will therefore be absorbed within the existing trading standards budget by necessarily reducing activities elsewhere within the cost centre. This may mean fewer product safety inspections, fewer risk based premises inspections etc.

4 THE REPORT

4.1 Since the Millennium, firework usage is no longer restricted to the traditional week before Guy Fawkes Day. This has been accompanied by an increase in complaints from the public about noise, and a perceived increase in anti-social behaviour involving fireworks.

4.2 An explosion at a fireworks store in The Netherlands which left 20 people dead has encouraged Government to look again at legal provisions for the safe storage of fireworks and other explosives. These issues have resulted in new legislation intended to deal with all aspects of fireworks safety in a more coherent and holistic manner. This will impact on Environmental and Consumer Services (ECS).

4.3 Within ECS, Trading Standards currently enforce Regulations that require fireworks to be safe (basically to comply with the relevant British Standard) and prohibit the sale of fireworks to those under 18. These requirements will continue. However, registration of premises where explosives are stored, and the inspection of those premises, as required under the Explosives Act 1875, has been carried out since 1996 on behalf of Bath & North East Somerset by the Avon Fire Brigade under an agreement with all 4 ex-Avon councils. The Explosives Act will be repealed in January and that will end this agreement.

4.4 The replacement legislation (The Manufacture & Supply of Explosives Regulations) clearly places the responsibility for enforcing it to local authorities. It tightens up the sale of fireworks in a number of ways. For the first time, there is the option to revoke or refuse a licence: for example if a retailer repeatedly sells to the under 18s or stores explosives in an irresponsible and dangerous manner. Storage requirements follow a 21^st Century approach, not a Victorian one; the storage facilities must be directly linked to the potential risk, rather than mechanistically linking a certain weight of fireworks to a certain type of container.

4.5 The Fireworks Regulations 2004 give further duties to Trading Standards. Firstly, anyone intending to supply adult fireworks outside clearly defined traditional periods has to apply for a licence, which can again be refused or revoked. A warning notice has to be displayed in every shop selling fireworks, and it becomes an offence to sell fireworks that make a noise greater than 120 decibels. The first requirement will be checked at the same time as fireworks and their storage: the second presents several practical difficulties.

4.6 The same legislation also makes it illegal for those under 18 to be in possession of fireworks in a public place, for any non-professional to be in possession of category 4 fireworks (the ones used in big public displays), and for fireworks to be let off after 11 pm except on 4 named nights. These requirements are enforced by the Police.

4.7 Additional controls exist under the Environmental Protection Act 1990; these generally relate to activities which use fireworks as part of a business e.g. wedding receptions where repeated use every weekend may cause noise nuisance to neighbours.

4.8 The ECS Environmental Protection team has also adopted an innovative voluntary registration scheme which is promoted every year in the run up to November 5th. This year 8 organisers have been visited which is an increase on last year. It aims to target display organisers and to encourage the public to go to organised displays. It also tries to discourage smaller premises having public displays i.e. pubs, as the space available to them is normally insufficient. There is currently no legal requirement for displays to register with the local authority.

4.9 Trading Standards Officers have also been involved with the Fire Brigade and Primary Care Trust in a well publicised multi agency campaign to promote the safe use of fireworks, particularly in domestic gardens.

4.10 In the past, coherent enforcement of legislation controlling fireworks was handicapped by having the Police, Fire Brigade and ECS all involved in enforcement. The new legal framework streamlines this down to 2 enforcement authorities, with a clear distinction between safety legislation enforced by Trading Standards and public order/anti-social behaviour legislation enforced by the Police. There is also for the first time a mechanism to stop unsuitable people from selling fireworks at all, and steps are being taken to improve communications between the Police and Trading Standards to facilitate this.

4.11 Environmental Health Officers will continue to enforce noise nuisance controls at premises holding regular events.

4.12 In short, these changes will make the regulation of fireworks more coherent and efficient, but to be done effectively in the over 80 relevant commercial premises in B&NES, will need either more resources, or resources redirected from other work.

5 RISK MANAGEMENT

5.1 A risk assessment related to the issue and recommendations has been undertaken, in compliance with the Council's decision making risk management guidance.

6 RATIONALE

6.1 The Council has a legal duty to apply statutory controls. The voluntary registration scheme complements the regulatory approach.

7 OTHER OPTIONS CONSIDERED

7.1 None.

8 CONSULTATION

8.1 None.