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Prevention and Protection > Fire Safety> Explosive Regulations
Firework (Safety) (Amendments) Regulations 2004
These regulations, made under the Consumer Protection Act 1987, amend the Fireworks (Safety) Regulations 1997 (as amended) 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 18’s. This is an incentive for suppliers to be more diligent in determining the age of purchasers, i.e. ask for proof of age.
The Explosives Act 1875 (as amended)
Storage of fireworks
• It is an offence to keep fireworks (except those for private use) on premises which have not been registered or licensed for that purpose.
Penalties
It is an offence under Section 80 of the Explosives Act 1875 to throw or set off fireworks in any highway, street, thoroughfare or public place. The power to enforce this section of the Act rests with the Police. Anyone found guilty is liable to pay a fine of up to £5,000. Penalty notices for disorder (on-the-spot fines) can also be issued for this offence, attracting the upper tier fine of £80.
In Regulations made under the Fireworks Act 2003, it is also an offence for the under 18’s to possess fireworks in a public place and for anyone to let fireworks off during night hours (11pm to 7am). As from 11 October 2004, Police also have the power to issue penalty notices for disorder for these offences. Again, the offence attracts the upper tier fine of £80.
Under Section 1 of the Protection of Animals Act 1911 it is an offence to cause any unnecessary suffering to any domestic or captive animals. The penalty on conviction is a fine of up to £5,000 or up to six months imprisonment, or both. Enforcement of this section of the Act rests with Trading Standards, the Police or the RSPCA as appropriate.
The main regulations that are particularly relevant to the storage of fireworks are as follows:
• The Management of Health and Safety at Work Regulations 1999 require you to carry out a risk assessment and to record it if you have five or more employees. See checklist on the HSE website - Click Here
• The Manufacture and Storage of Explosives Regulations 2005 require that you take appropriate measures to prevent fire or explosion; to limit the extent of fire or explosion; and to protect people from the effects of fire or explosion.
• The manufacture and storage regulations also require anyone storing more than 5kg net of explosive to either register with the local authority or, for larger quantities, obtain a licence (see Contacts for further information).
• In addition, there are also general duties under both Health and Safety at Work law and Fire Safety law.
Further professional advice for large displays may be obtained from the following companies'
with the following links:
 www.blackcatfireworks.ltd.uk
www.kimboltonfireworks.co.uk
www.pyro.co.uk
www.shell-shock.co.uk
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