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Aug 2002 Index

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September 2002

Fireworks  - The Case for Reform of The Laws
REMEMBER REMEMBER THE 5TH OF NOVEMBER, GUNPOWDER TREASON AND PLOT
But, as the old poem goes on, while there might well be no reason why gunpowder treason should ever be forgot, it is the explosion of problems that are now indelibly linked to the occasion, not just throughout but also well before and beyond the traditional firework and bonfire season, that have encouraged Scotland's Police Forces to call for a tightening of legislation and the voluntary codes of practice which relate to these potentially lethal events.

"While not nearly as old as the celebrations themselves," said David Mellor, Fife's Deputy Chief Constable and spokesperson for ACPOS (the Association of Chief Police Officers in Scotland), "the existing requirements are certainly past their sell-by date.  "We firmly believe that the regulations governing the manufacture, storage and retail sale of fireworks - the Fireworks (Safety) Regulations 1997 and the Explosives Acts of 1875 and 1923 - are in desperate need of review. In meeting  modern needs they simply do not go nearly far enough.  "Anyone can apply for registration to allow them to sell fireworks, for instance.  This costs just £13, there is no provision for refusal or revocation of an application and it remains valid for 12 months.  Why all year when there is only one 5th of November?"
The causes for Police concern are many, several being replicated in similar  review calls from like-minded organisations all over the country. 

These feature fireworks being set off indiscriminately, thrown at people, through letter boxes and into vehicles including at least one while it was refuelling at a petrol station. The elderly, and animals, are being scared out of their wits.  Injuries resulting from fireworks and bonfires are on the up as are instances where the emergency services are being met with barrages of rocks and abuse when they answer calls for help.

"The regulations as they exist," added Jack Urquhart of the Association of Scottish Police Superintendents, "are simply a recipe for widescale abuse and over provision. What town needs 62 fireworks points of sale and why is there no obligation to train staff? 

"Some of the controls which exist are guidelines which can be flaunted at will.   For example, manufacturers are requested not to supply fireworks until three weeks before Guy Fawkes Night and retailers should not sell them until one week before. In spite of that Forces all over Scotland regularly record complaints about fireworks abuse from September to December.

"Last year the abuse of fireworks literally rocketed, prompting a groundswell of concern which has already seen like-minded organisations express their desire to see things reviewed. We could not agree more and it is hoped that the weight of all eight Scottish Police Forces, and the British Transport Police,
can help make the legislators sit up and take notice.   "Clearly there is no wish to inhibit organised fireworks displays on Guy Fawkes Night, nor indeed at other events of national celebration. But there is a need to curb access to fireworks by individuals whose only interest is to cause annoyance or to damage property, thereby disturbing the peace and the quality of life of others in the community."

"Here in Fife," continued David Mellor, "we dealt with 745 calls from the public - 18 in September, 502 in October and 225 in November - complaining about the abuse of fireworks, and if these snapshot figures are extrapolated across the country it becomes patently clear that many thousands of calls were
received by Scottish Forces during the weeks leading up to and beyond Guy Fawkes Night.

"As well as putting additional pressure on already stretched Police resources, these figures also reveal the enormity of the extent of abuse that the public is experiencing due to people discharging fireworks recklessly, carelessly or deliberately to cause annoyance.  "And with fireworks manufacturers and suppliers reporting an increase year-long by as much as 50% we would suggest, therefore, that the time is long overdue that the need for legislative change be looked at by the powers that be.

"It is the view of the Police service that a number of areas require to be reviewed with a view to tightening the current legislation governing sale, retailers, possession and premises.  "More specifically," he went on, "there needs to be stringent vetting of sellers to ensure that those applying for a certificate are of good character, more cognisance needs to be taken of previous convictions for related offences of persons applying for a certificate, and the cost of a certificate needs to be much more realistic that the £13 level at present.

"Applicants for a certificate to sell fireworks should be required to show "need" before being granted a certificate as at present there are no controls over the number of retail outlets selling fireworks in an area.  A positive prosecution policy for offenders needs to be adopted and there is a specific need for approved certified training for those involved in the handling and safety of fireworks.  "Fireworks should only be sold to or purchased by a person who has a training certificate and it should be an offence not to have one.  More stringent security requirements should be in place for the storage of fireworks and legislation covering the periods during which they can be supplied or sold require tightening.

"And finally there should be more controls over the type and category of firework which can be sold for domestic use and greater control over the re-stocking of premises once an offence has been committed.  "There is, of course, some support for a complete ban on the sale of domestic fireworks but it is recognised that this would be extremely difficult to enforce as various alternative sources of fireworks would remain available - the Internet, Europe and self-manufacture being just some - so there is a real danger that a black market in illegal fireworks could spring up.

"We feel it is much more appropriate, therefore, to encourage responsible use of legal fireworks within a more effective range of controls over use and supply, building upon good liaison between the Police and like-minded organisations with joint programmes on education, information and enforcement.  "There has to be a balance between the right of people to use fireworks to commemorate Guy Fawkes Night, New Year and the like with the right of communities to be free of unnecessary disruption and disorder.  "To that end we will leave it to the legislators to consider the advantages of the reviews we have outlined here today."