Fireworks

The Fireworks Regulations 2004 place new restrictions on the use and sale of fireworks.

Other than these, there is no specific law to deal with noise nuisance caused by fireworks. The ordinary noise nuisance laws may not be applicable to firework noise because:

• a "nuisance in law" must be a continuous state of affairs. A firework event, held maybe once a year for an hour or so, is not ongoing;
• fireworks are used to celebrate a significant cultural or religious ceremony, this would be the view taken by any court in relation to fireworks used during this period;
• it would be difficult to prove beyond all reasonable doubt (nuisance law is criminal law) that any one event or person is solely causing the noise problem when there may be many similar events nearby;
• fireworks are expensive, so few firework events last long enough to allow officers to reach them before they (and the evidence would we need) are over.

When fireworks can be used

The Fireworks (Amendment) Regulations 2004 prohibit anyone under 18 from possessing fireworks, and anyone except professionals from possessing display fireworks in a public place. These regulations also prohibit the use of fireworks at night (23:00 - 07:00), with the following extensions for festivals:

• Until 01:00 on the night of the Chinese New Year
• Until 01:00 on the night of Diwali
• Until 01:00 on the night on New Year's Eve
• Until 00:00 on 5 November

These regulations are enforced by the police. There is a penalty of up to £5,000 or 6 months in prison for breach of curfew. The supply, purchase or possession of excessively loud fireworks over 120 decibels are also prohibited.

Noise problems

Fireworks can frighten and intimidate people, especially the elderly. Animals have literally been scared to death by fireworks; others may be startled leading to injury and accidents.

Air pollution

Fireworks can be very colourful and this is caused by a cocktail of chemicals. Around Bonfire Night there is a noticeable increase in air pollution from fireworks and bonfires. Visit our Bonfires and Smoke page for more information on this subject.

Safety

Fireworks are explosives and must be used with caution. For information on firework safety contact the Department of Trade and Industry, who co-ordinate national firework safety campaigns. The Fire Service also give safety information.

Sale of fireworks

Under the Fireworks (Safety) Regulations 1997 all fireworks for use by the public must meet British Standards BS 7114. Under these regulations, fireworks may not be sold to under 18s.

Sections 9 and 11 of the Fireworks Regulations 2004 prohibit the sale of fireworks to the public from unlicensed traders except for the following periods:

• Chinese New Year and the preceding 3 days
• Diwali and the preceding 3 days
• 15 October to 10 November
• 26 December to 31 December

Traders will need to apply for a licence to supply fireworks year round.

Under the Control of Explosives Regulations 1991, it is an offence to keep fireworks (except those for private use) on premises that have not been registered for this purpose. Individuals can store fireworks for private use for up to 14 days, provided they are kept in a safe place.

Advice on using fireworks

• Tell neighbours - particularly important if they are elderly, have children or pets
• Use appropriate fireworks - when buying fireworks, try to avoid really noisy ones. Your supplier should be able to tell you what they are selling
• Make sure pets and other animals are safely away from fireworks
• Consider timing - if you are using fireworks for a celebration, a Friday or Saturday is preferable, and make sure they are over by 23:00
• Avoid letting off fireworks in unsuitable weather - if it is still and misty or air quality is poor, pollution could be a problem. Strong winds can be hazardous. Check air quality before using fireworks
• Let off your fireworks in an open garden area - noise bounces off buildings and smoke and pollution can build up in enclosed spaces
• If a neighbour complains that you are disturbing them, their pets or livestock - be considerate
• After your display, clear up firework fallout and dispose of it safely

Page last reviewed 14 Apr 2008