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These regulations, made under the Firework 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 18’s to possess adult fireworks in public places and an offence for anyone (other than a firework professional) to possess Category 4 (professional display) fireworks.
• A requirement that all suppliers of fireworks will be required to obtain licence to store fireworks, either from the Local Authority, Fire Authority or HSE, (the EN came into force on 1st January 2005). This has the effect of restricting sales to within certain defined periods. The periods where selling without a licence is permitted are:
(a) November 5th (15th October to 10th November)
(b) New Year (26th December to 31st December)
(c) Chinese New Year (on the first day of the Chinese New Year and the three days immediately preceding it)
(d) Diwali (on the day of Diwali and the three days immediately preceding it) • The creation of a curfew on firework use between 11pm and 7am (in line with the Noise Act), with the exception of the following nights where the curfew will vary.
(a) November 5th until midnight
(b) New Years Eve 1am on the following day
(c) Chinese New Year 1am on the following day
(d) Diwali 1am on the following day
• It is a requirement that suppliers of fireworks to the public display in a prominent position a notice, stating the following information.
It is illegal to
1). Sell adult fireworks to anyone under 18.
2). Or for anyone 18 to possess fireworks in a public place.
• A requirement that importers supply information at the point of entry (the ports) to help ensure that their 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.
• The imposition of a maximum decibel limit on Category 3 fireworks, 120 decibels db (Al), (in line with the new harmonized European Standard – BS EN 14035).
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