Response 291326398

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Part One: Mandatory conditions at point of sale

Question 1 a). Do you agree that a fireworks licensing system should be introduced in Scotland?

Please select one item
Yes
No
Unsure

Question 1. b). Please explain your answer

Fireworks should not be available for sale to the general public and licenses should only be given for those approved to hold organised public displays.

Question 2 a). Do you agree that any licensing system should cover the possession and use of fireworks, in addition to their purchase?

Please select one item
Yes
No
Unsure

Question 2 b). Please explain your answer.

Fireworks should not be available for sale to the general public and licenses should only be given for those approved to hold organised public displays.

Question 3a). Do you agree that a fee to obtain a fireworks licence in Scotland should be introduced?

Please select one item
Yes
No
Unsure

Question 3 b). Please explain your answer.

Only approved organisations should be allowed to obtain a license and there should be a cost associated with this to make it less accessible to general members of the public.

Question 4 a). Do you have any views on how much the licence fee should be?

Please select one item
Yes
No
Unsure

Question 4 b). Please tell us your views on how much the licence fee should be.

A minimum of £1000 per organisation per year.

Question 5 a). Do you agree that successful completion of an online safety course to obtain a fireworks licence in Scotland should be introduced?

Please select one item
Yes
No
Unsure

Question 5 b). Please explain your answer.

There is currently nothing to regulate the safe and responsible use of fireworks and this should be mandatory to ensure their safe use.

Question 6 a). Who do you think would be best placed to run and administer the proposed licensing system?

Please select one item
Option One: Scottish Government
Option Two: National public service organisation or partnership organisation
Option Three: Local authorities
Other.

Question 6 b). Please explain your answer.

If governed locally this would lead to inconsistencies, particularly in the west of scotland, it needs a national standard approach.

Question 7. Please tell us if you have any other comments on the introduction of a licensing system and the proposed process for how the licensing system would be implemented and managed.

Licenses should only be available to organisations upon completion of relevant safety course being completed. Licenses cannot be made available to individuals and should only be granted upon satisfactory submission of a detailed plan outlining times, dates and location of displays with expected public attendance.

Fireworks should only be available for purchase from government approved sources and only upon a license being granted.

Part Two: Restrict the days fireworks can be sold and set off

Question 8 a). Do you agree with the proposed restrictions on the days fireworks can be used by the general public?

Please select one item
Yes
No
Unsure

Question 8 b). Please explain your answer.

Fireworks should not be available to the general public at any time.

Question 9 a). Do you agree with the proposed restrictions on the days fireworks can be sold to the general public?

Please select one item
Yes
No
Unsure

Question 9 b). Please explain your answer.

Fireworks should not be available to the general public at any time.

Part Three: No-Firework Areas

Question 10 a). Do you agree with the introduction of no-firework areas?

Please select one item
Yes
No
Unsure

Question 10 b). Please explain your answer.

In principal yes however, no fireworks areas should be anywhere with 5 miles of a residential property in Scotland.

Question 11 a). Do you agree that consideration, introduction and management of no-firework areas should be led by local authorities?

Please select one item
Yes
No
Unsure

Question 11 b). Please explain your answer.

This should be led by the Scottish government.

Question 12. Please tell us if you have any comments in relation to how communities can be actively involved in considering the feasibility and introduction of no firework areas, and the decision to introduce these.

N/a

Question 13. Please tell us if you have any comments on the proposed process for how no-firework areas would be implemented, managed and reviewed.

No firework areas should be a blanket area of anywhere within 5 miles of a residential property. This should be managed by the Scottish government.

Question 14. Please tell us if you have any comments in relation to the enforcement of no-firework areas.

It is highly unlikely to be successful and it will be impossible to manage as long as sales of fireworks are permitted to the general public.

Question 15. Please tell us if there are any other issues you think need to be considered in relation to no-fireworks areas.

The feasibility of enforcement needs to be reviewed. There is zero chance of this being enforced by police as is the current situation. This is not the fault of the police in any way but it is unmanageable and unrealistic to believe this could be managed.

Part Four: Proxy Purchasing Offence

Question 16 a). Do you agree 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?

Please select one item
Yes
No
Unsure

Question 16 b). Please explain your answer.

Fireworks should not be available to be sold to the general public, however purchasing for a person under 18 has severe safety implications and should be an offence.

Question 17. Please tell us if you have any other comments on Section One of the consultation relating to Fireworks that have not been covered by the other questions above.

There is no safe or manageable way that fireworks can be sold to the general public without causing serious disturbance to the wider community and without having serious safety implications. For this reason backed up with decades of evidence proving the aforementioned to be the case, the only feasible solution is to ban the sale of fireworks to the general public and only allow the licensed and regulated sale of fireworks to approved organisations.

Part Five: Impact Assessments

Question 18 a) . Do you have any comments about, or evidence relevant to the draft Business And Regulatory Impact Assessment in relation to the sale and use of fireworks?

Please select one item
Yes
No
Unsure

Question 18 b) . Please explain your answer.

Please explain your answer in the text box below:
N/a

Question 19 a). Do you have any comments about, or evidence relevant to the draft Equality Impact Assessment in relation to the sale and use of fireworks?

Please select one item
Yes
No
Unsure

Question 19 b) . Please explain your answer.

Please explain your answer in the text box below:
N/a

Section Two: Pyrotechnics

Question 20 a). Do you have concerns about pyrotechnic devices being misused?

Please select one item
Yes
No
Unsure

Question 20 b). Please explain your answer.

Please explain your answer in the text box below:
Pyrotechnics are misused on the majority of occasions. At no time are they ever used by the general public outside of a professional capacity for anything other than a purpose for which they were not intended.

Question 21 a). Do you agree with the introduction of a new offence for being in possession of a pyrotechnic in a public place without reasonable excuse or lawful authority?

Please select one item
Yes
No
Unsure

Question 21 b). Please explain your answer.

There is nothing to regulate their use and without creating an offence nothing can be done.

Question 22 a). Do you agree 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?

Please select one item
Yes
No
Unsure

Question 22 b). Please explain your answer.

Please explain your answer in the text box below:
If itnis an offence to carry one then it is pointless without a power of stop and search.

Question 22 c). Please tell us what you consider would be a reasonable excuse for possessing pyrotechnics in a public place?

Please write your answer in the text box below:
As part of paid employment and only where the pyrotechnic is carried in a marked container for use in a function associated with said employment.

Question 23 a). Do you think that police stop and search powers should be wide enough to the extent that it would allow the police to stop and search a vehicle, for example a car, bus, van or tram, where there is reasonable suspicion that there are pyrotechnic devices contained without a reasonable excuse?

Please select one item
Yes
No
Unsure

Question 23 b). Please explain your answer.

This would be required to adequately allow the enforcement of the legislation.

Question 24. The Scottish Government recognises that legislation on its own may not end the misuse of pyrotechnic devices. Please tell us if there are other actions you think that the Scottish Government could take to address this issue.

Ban the sale of pyrotechnics to the general public and only allow the sale to approved licensed organisations.

Question 25. Please tell us if you have any other comments in relation to pyrotechnics that are not covered by the other questions in this section of the consultation.

The use of pyrotechnics is largely linked to football and a process of strict liability should be enforced on clubs where they are used within football grounds.

Part Two: Impact Assessments

Question 26 a) . Do you have any comments about, or evidence relevant to the draft Business And Regulatory Impact Assessment in relation to pyrotechnics?

Please select one item
Yes
No
Unsure

Question 26 b). Please explain your answer.

N/a

Question 27 a). Do you have any comments about, or evidence relevant to the draft Equality Impact Assessment in relation to pyrotechnics?

Please select one item
Yes
No
Unsure

Question 27 b). Please explain your answer.

N/a

About you

Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation

What is your organisation?

N/a