Use and Sale of Fireworks in Scotland, and tackling the misuse of pyrotechnics

On 20 June 2021, the Scottish Government launched a public consultation, Use and Sale of Fireworks in Scotland, and tackling the misuse of pyrotechnics.  The consultation ran for 12 weeks and was supported by a series of online engagement events with members of the public and stakeholder organisations.

The public consultation consisted of two sections, the first sought views on progressing the remaining recommendations from the Firework Review Group’s report and introducing four changes to how fireworks can be sold and used in Scotland to ensure fireworks are used safely, handled with care and do not cause harm, distress or injury.  The second section asked questions about whether it should be an offence to carry a pyrotechnic article in a public place without reasonable excuse or lawful authority, and whether police powers should be extended to allow a stop and search provision for anyone reasonably suspected of committing the offence.

The public consultation received 1739 responses formal responses. Most of these responses were submitted by individual members of the public, with 64 responses submitted by stakeholder groups or organisations. In addition to the main online consultation, 12 online workshop events were held. Eight of these events were open to anyone who wished to attend and four were for specific groups, namely: the community in Pollokshields; specialist firework retailers; sight loss organisations; and Trading Standards. There were around 210 attendances across the 12 events, with the number of people attending each event ranging from three to 23. A number of people attended more than one event and a small number attended multiple events. In total, around 90-100 different individuals attended one or more of the events. Some of those who attended an event also submitted a response to the main online consultation.

Independent analysis of the responses to the questions in the consultation, and views offered during the workshop events, demonstrated support for the measures proposed:

• A large majority of those who answered the question – 84% – agreed that a fireworks licensing system should be introduced in Scotland.
• A majority – 67% – agreed with the proposed restrictions on the days fireworks can be used by the general public.
• A majority – 64% –agreed with the proposed restrictions on the days fireworks can be sold to the general public.
• A large majority of respondents – 83% – agreed with the introduction of no-firework areas.
• A very substantial majority of respondents – 92% – agreed with the introduction of a 'proxy purchasing' offence in relation to fireworks to criminalise the supply of fireworks to young people under the age of 18.
• A majority of respondents – 77%– agreed with the introduction of a new offence for being in possession of a pyrotechnic in a public place without reasonable excuse or lawful authority.
• A majority of respondents – 70% – agreed that police stop and search powers should be extended to allow the police to stop and search where there is reasonable suspicion that an individual is in possession of a pyrotechnic device in a public place without a reasonable excuse.

Recurring themes from respondents for supporting the measures were: the dangers of fireworks, the disturbance from their use, the unpredictability of use and the deliberate misuse of fireworks. Respondents highlighted the harm and distress that can be caused to people, including those who suffer from neuro-divergent conditions such as autism or PTSD, and to animals, especially pets but including livestock and wildlife.

The independent analysis of responses to the Use and sale of fireworks, and tackling the misuse of pyrotechnics consultation was published on 3 December.

The outcome of the consultation informed development of the Fireworks and Pyrotechnic Articles (Scotland) Bill.  The Bill was introduced to the Scottish Parliament on 1 February 2022, and was passed by the Scottish Parliament on 29 June 2022.

This Bill included:

• A requirement for members of the general public to apply for and obtain a valid fireworks licence before they can purchase, possess or use fireworks (either for personal use, or in connection with a community group);
• Restricting the days fireworks can be sold by retailers to the general public, and the days that fireworks can be used by the general public;
• The power for local authorities to designate an area as a firework control zone, where the general public will not be permitted to use fireworks;
• The creation of offences relating to the possession of pyrotechnics, without reasonable excuse, in a public place and in a designated sporting and music venues/events.
• A proxy purchasing and supply offence to criminalise the supply of fireworks and (without just cause) pyrotechnic articles to people under the age of 18.

The amendments passed at Stage 2 and 3 further strengthen key provisions in the Bill following constructive scrutiny by the Criminal Justice Committee.  This includes:

• Introducing a statutory aggravation in cases where fireworks or pyrotechnic articles are used to attack emergency workers, reflecting the serious nature of this particular offending.
• The creation of two distinct offences relating to pyrotechnic possession, ensuring a preventative, but proportionate, approach in the restrictions applied to different places, and consistency with existing pyrotechnic offences which are to be replaced by those in the Act.
• Removing the ability for professional display operators to deliver private firework displays in firework control zones thereby further strengthening the impact of this provision.
• Facilitating the more straightforward presentation of evidence during prosecutions for offences under the Bill.

The Bill received Royal Assent on 10 August 2022, becoming the Fireworks and Pyrotechnic Articles (Scotland) Act 2022, and work is being progressed as a priority to implement the Bill measures. Information in relation to anticipated timings and the work that will be required before the provisions in the Bill can take effect is provided below:

• The provision that prohibits providing fireworks or pyrotechnic articles to children did not require further substantive legislation or formal guidance before commencement and this provision commenced on 10 October, along with the statutory aggravation for attacks on emergency workers using fireworks or pyrotechnic articles
• The provisions on restricted days of supply and use of fireworks will not require further substantive legislation or formal guidance before commencement. However, we intend to allow fair and sufficient time for businesses to adapt their processes and existing stock in line with the changes.  Regulations will also be required to provide for any compensation that is to be available in relation to the impact of the restricted days of supply on businesses wholly or mainly concerned with the supply, distribution or importation of fireworks in Scotland.  This provision will therefore not commence this calendar year, and it is anticipated that this will commence in 2023.
• The provisions on the firework licensing system and firework control zones will require further legislation and/or guidance before they can commence and operate to their full intended effect. Time will therefore be required, following Royal Assent, to prepare such legislation and for this to be scrutinised by the Scottish Parliament. These provisions will therefore not commence this calendar year, and it is anticipated that the earliest that they could commence is later in 2023. 
• The provisions prohibiting possession, without a reasonable excuse, will require further legislation before they can commence in full and to their full intended effect. Time will therefore be required, to prepare such legislation and for this to be scrutinised by the Scottish Parliament. Development of this implementation work is underway, and further close consultation with stakeholders will take place. We anticipate that the earliest these may commence will be in Spring 2023.