Lewes District Council

Fireworks

Information and advise on fireworks, their use, and what you can do if you are affected by them.

Fireworks are exciting, glamorous, attractive and loud. They are used to mark special events and celebrations. They are also closely linked to the history, tradition and culture of Lewes and our annual bonfire celebrations. Fireworks also have negative impacts. They cause annoyance, damage property and have adverse effects on air quality. People and animals are frightened and disturbed by their use.

Young and elderly people can be intimidated by fireworks, especially when they are used inappropriately. Pets become scared and develop destructive behaviour; livestock and horses become distressed very easily and have been known to bolt and even die of fright. Wildlife, such as roosting birds, is similarly affected.

Fireworks contain a cocktail of compounds which vary depending on the type of effect (e.g. noise, colour). The general products emitted to the atmosphere by firework use include carbon dioxide, oxides of sulphur, particulates, dioxin and furans. Because fireworks are explosives, there is also an obvious risk of injury to anyone in close proximity to where they are set off.

Tips for avoiding a nuisance or distress

Some suggestions to reduce nuisance or distress are:

Warn your neighbours a few days before your display – especially if they are elderly, have children, livestock or pets.
Use appropriate fireworks – choose fireworks to suit your location as well as your occasion and try to avoid noisy ones. Your supplier can advise you accordingly.
Make sure pets and other animals are safely away from fireworks.
Think about when to have your display. If you are using fireworks for a celebration try to do it on a Friday or a Saturday. Remember it is illegal to use fireworks after 11pm.
Have your display only during suitable weather – if it is still and misty or air quality is poor, pollution is likely to be an issue. Check air quality
Set off your fireworks in open areas as enclosed spaces will cause greater levels of noise, smoke and pollution.
Be considerate if a neighbour complains that you are disturbing them, their pets or livestock.
Safely dispose of any firework waste after your display.

Fireworks and the law

The supply, storage and use of fireworks are controlled by the following laws.

Crime and Disorder Act 1998
Explosives Act 1875
Environmental Protection Act 1990
Fireworks (Safety) Regulations 1997
Fireworks Regulations 2004
Protection of Animals Act 1911
Storage of Explosives Regulations 2005 (MSER)

Supply of Fireworks

The Fireworks (Safety) Regulations 1997 introduced British Standard BS 7114 for all fireworks for use by the public. These regulations prohibited the sale of fireworks to anyone under 18, as well as some types to anyone under 16. The regulations also banned the supply to the general public of bangers, mini rockets, fireworks that fly erratically, aerial shells, maroons, and mortars, some large category 2 and 3 fireworks and all category 4 fireworks. The Fireworks Regulations 2004 also prohibited the supply of fireworks louder that 120 decibels (dB).

These regulations are enforced in the Lewes District by the Police and East Sussex County Council trading standards officers. Suppliers or shopkeepers in breach face a fine of up to £5000 or 6 months in prison.

Storage of Fireworks

Under the Manufacture and Storage of Explosives Regulations 2005 (MSER) individuals can store up to 5kg of Category 1 and 2 fireworks without a license and for an unlimited time. Individuals may store up to 50 kg of the same fireworks for private use for up to 21 days without the need to license or register. Other requirements of the regulations such as safe storage still apply.

Further information about all aspects of MSER, including information about organising a firework display, is available from the Health and Safety Executive.

Permitted use of fireworks

The Firework Regulations 2004 prohibit anyone under the age of 18 from possessing fireworks. Only licensed professionals may possess ‘display’ fireworks. These regulations also prohibit the use of fireworks at night from 11.00 pm until 7.00am in England and Wales, with exceptions for the following festivals:

Until 1.00 am on the night on the Chinese New Year
Until 1.00 am on the night of Diwali
Until 1.00 am on New Years Eve
Until midnight on 5th November

These regulations are enforced by the Police. There is a penalty of up to £5000 or 6 months in prison for breach of the night time curfew.

Nuisance caused by fireworks

If an Environmental Health Officer considers noise from fireworks to be a statutory nuisance under section 79 of the Environmental Protection Act 1990, they can serve an abatement notice on the person responsible. Because firework noise is short lived, in practice it often proves difficult to identify who is responsible and witness the nuisance.

Local authorities or the police can apply to magistrates under the Crime and Disorder Act 1998 for an anti-social behaviour order where anyone has caused persistent "harassment, alarm or distress". Disobeying an order can lead to a maximum penalty of a five year prison sentence.

Danger caused by fireworks and their use

The Explosives Act 1875 makes it an offence to throw or set off fireworks in the street. This is enforced by the police, and a fixed penalty notice of £80 applies. Police can serve a fixed penalty notice of £80 to anyone under 18 possessing a firework in a public place (whether they are set off or not) and for breach of the 11.00 pm restriction on setting off fireworks.

Animals and fireworks

Causing unnecessary suffering to animals is an offence under the Protection of Animals Act 1911. This is enforceable by police, trading standards or the RSPCA and carries a penalty of up to £5000 and/or 6 months in prison.

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