THIS REPORT AND BACKGROUND INFORMATION ARE OPEN TO INSPECTION
BY MEMBERS OF THE PUBLIC
West Yorkshire AGENDA ITEM NO: 10
ARCHIVES, ARCHAEOLOGY AND TRADING
TO BE HELD ON
11 NOVEMBER 2010
REPORT OF THE CHIEF OFFICER
FIREWORK ENFORCEMENT 2010
2. EXECUTIVE SUMMARY
2.1 The report informs Members of West Yorkshire Trading Standards Service’s
enforcement and education role during the 2009 firework season. Partnership
working with West Yorkshire Fire and Rescue Service and the Police continues to
be an important factor in tackling the irresponsible sale and use of fireworks.
3.1 That Members continue to support action to control the use of fireworks.
3.2 That this report is copied to the Home Safety Committees of the Constituent
4. REASON FOR RECOMMENDATIONS
4.1 Public concern surrounding the rising tide of anti-social behaviour associated with
fireworks and their wider availability is reflected in the complaints received by
WYTSS. It is considered important to continue the work described in this report,
which has reduced the illegal supply of fireworks to under 18s and removed
significant quantities of illegal and excessively loud fireworks from the market.
Similarly it is intended to continue the successful policy of enforcement
partnerships with the Fire and Rescue Services and Police, which have reduced
crime and anti-social behaviour in all districts whilst promoting community safety.
5. BACKGROUND INFORMATION
5.1.1 The recently introduced Pyrotechnic Articles (Safety) Regulations 2010, have
now replaced the Fireworks (Safety) Regulations 1997. The Regulations provide
a transition period until 2017 for fireworks meeting existing provisions. Fireworks
for use by the general public, must meet be safe, have been tested by an
independent notified body and are labelled correctly (including the CE mark). The
Regulations maintain the prohibition on splitting larger packs of fireworks to sell
individually and also of selling certain fireworks outright (bangers, mini rockets, air
bombs and shells-in-mortar). In brief, these fireworks were prohibited as they
were traditionally cheap to buy and associated with anti-social behaviour.
5.1.2 The new Regulations consolidate enforcement responsibilities in relation to
underage sales and prohibit the sale of fireworks to under 18s. Fireworks must
not produce sound levels in excess of 120 dB when discharged and there is a
prohibition of fireworks with erratic flight, such as ground spinners and jumping
crackers. The Firework Regulations 2004 require retailers to display a notice
stating the offences which are committed when fireworks are supplied to, or in the
possession of under 18s.
5.1.3 The Firework Regulations 2004 also imposed enforcement duties on the Police
Service in relation to the following offences: possession of fireworks in public
places by under 18s; possession of professional display fireworks by any person
and the discharge of fireworks outside the curfew hours of 11pm to 7am (midnight
to 7am the following day on 5 November).
5.1.4 Licensing for ‘all year round suppliers’ was introduced in 2005. Enforcement is the
responsibility of the Fire and Rescue Service. (This provision replaced a
Voluntary Code of Practice restricting the sale to the three weeks prior to Bonfire
Night and one week after).
5.1.5 Licences will be granted to any applicant on payment of a £500 application fee
provided the applicant has no conviction for firework offences and meets the
5.1.6 Retailers who are not registered for all year round supply may only sell fireworks
from the 15 October to the 10 November; on Diwali (5th November for 2010) and
3 days before, and from 26 December to 31 December.
5.1.8 Unfortunately due to resource issues the new Department for Business,
Innovation and Skills (BIS), formerly the Department of Trade and Industry, no
longer collect data on firework injuries. Previous data suggested a slight decline
in injuries nationally: 1123 (2003), 1160 (2004), 990 (2005) and the ten year
average is 1000 per annum. In West Yorkshire the highest rates of injury have
been in Bradford:14 (2003), 12 (2004) 18 (2005); and Leeds: 24 (2003), 19
(2004), 12 (2005).
5.2 Enforcement 2010
5.2.1 All businesses selling fireworks must register their premises with the West
Yorkshire Fire and Rescue Service. As in previous years all applicants received
an information pack explaining their legal responsibilities. The pack included a
letter from Trading Standards (Appendix 1) detailing fireworks now prohibited,
requirements for fireworks to be legally supplied and specific guidance to prevent
5.2.2 Inspections were targeted at retailers with a history of non compliance with
firework legislation or at premises in areas where anti social use of fireworks had
been reported. Due to resources this has meant a significant reduction in the
number of inspections. However this approach allowed the service to concentrate
on areas of concern rather than compliant businesses.
5.2.3 Results of the firework inspections are detailed in Appendix 2 (to follow):
In 2009, 17 joint inspection operations (125 premises) took place. Illegal fireworks
were identified and taken off sale at 4 premises in Bradford, 8 premises in Leeds
and 1 premise in Kirklees.
Full details to be provided.
5.2.4 The complaints received by Consumer Direct have been analysed by area and
complaint type see Appendix 2 (last year’s figures in brackets, this years details
5.2.6 Results of test purchases are shown in Appendix 2 (2009 figures in brackets)
Details to follow
5.3 Education work
5.3.1 In the run up to the 2010 firework season Education Officers have visited
secondary schools across West Yorkshire in conjunction with the Fire and
Rescue Service and West Yorkshire Police. Seventeen schools have been
visited, and presentation and workshops have been delivered to over 4500 pupils.
The sessions relate to the legal position (who can buy fireworks and what can
and cannot be sold), penalties for illegal sales, possession and improper use and
related safety issues including the need to follow the Firework Code.
5.4 Partnership Working and Media Coverage
5.4.1 Successful joint working with the West Yorkshire Fire and Rescue Service has
operated county wide since 2001. During that period we ensured that are actions
were consistent and appropriate for the risk based approach to regulation and
enforcement as set out in the Hampton agenda. With this in mind, this year a
Memorandum of Understanding has been agreed with WYFRS with both
agencies cooperating in conducting “eyes and ears” inspections on behalf of the
partner agency. This method of inspection ensures that hot spot areas are better
targeted and that most registered fireworks premises are visited by either WYTSS
or WYFRS. We have agreed to jointly work with West Yorkshire Police where
there is clear evidence of either under-age sales of fireworks or anti-social
behaviour as a direct consequence of their incorrect use.
5.4.2 Information has been supplied to every Elected Member in West Yorkshire
outlining the law in relation to fireworks and details of the appropriate
enforcement agency. This has allowed Elected Members to directly and quickly
assist their constituents. A press release on awareness raising and test
purchasing operations will also be issued.
5.4.3 Intelligence sharing and complaint referral arrangements are also well
established. The protocol is now established as Best Practice.
6. OPTIONS APPRAISAL
6.1 Not applicable
7. KEY PRIORITY IMPLICATIONS
7.1 Children and Young People – Misuse of fireworks can cause significant injuries
in inexperienced hands. Restricting the sales of fireworks to young people can
help prevent injuries to young people.
7.2 Safer and Stronger Communities – The nuisance and anti social behaviour
associated with firework misuse blights many communities. Reducing these
factors will help to regenerate areas. Firework misuse can lead to death, injury
and damage to property. Robust enforcement will reduce those risks.
7.3 Healthier Communities and Older People – Firework inspections have ensured
only legal and properly labelled fireworks reach consumers minimising the risk of
7.4 Economic Development and the Environment – Nil.
8.1 Close cooperation between WYTSS, the Police and Fire and Rescue Services
has been the focus of this work.
9. CORPORATE IMPLICATIONS
9.1 Service Delivery Plan - Adoption of the proposed enforcement strategy will
contribute to the Community Safety Strategy described in the Joint Services
Service Improvement Plan.
Graham Hebblethwaite, Chief Officer Joint Services
Contact Officer: David Lovell
Telephone No: 0113 2898233
Fax No: 0113 253 0311
E-mail address: firstname.lastname@example.org
WYTSS Complaints database
WYTSS/WYFRS Memorandum of Understanding
My Reference: DL/PHB
Date: 8th October 2010
This matter is being dealt with by: David Lovell Tel: 0113 289 8233
E mail: email@example.com
RE: FIREWORKS LEGISLATION
In view of public concerns surrounding the use and misuse of fireworks at this time of
the year, I am writing to inform you of the current legal restrictions on the supply,
possession and use of these products and to clarify areas of enforcement responsibility.
West Yorkshire Trading Standards Service is the enforcement authority for the following
Supplying adult fireworks and sparklers to any person under the age of 18
Failure by a supplier to display the prescribed firework notice (stating the
offences committed if fireworks are supplied to or in possession of under
Supplying bangers, flash bangers, double bangers (including batteries and
combinations), aerial wheels, jumping crackers, jumping ground spinners,
spinners, mini rockets, air bombs, shells-in-mortar, fireworks with erratic flight
or category 4 professional use fireworks*.
Supplying fireworks with a noise level greater than 120 decibels.
Supply of Category 1, 2 or 3 fireworks which do not comply with BS 7114.
West Yorkshire Police Force is the enforcement authority for the following offences;
Possession of an adult firework in a public place by a person under the age of
Possession by any non professional of a category 4 (professional display)
Throwing, casting or firing a firework in a highway, street, thoroughfare or
Hawking fireworks (Selling or exposing fireworks for sale in a public place, e.g.
car boot sales).
Using a firework during the night hours of 11pm and 7am. Exceptions exist for
the following designated fireworks nights.
Curfew Operates Between
5th November Midnight and 7am the following
First Day of Chinese New 1am and 7am following day
Diwali 1am and 7am following day
31st December 1am and 7am following day
The West Yorkshire Fire and Rescue Service is the enforcement authority for the
Unlawful storage of fireworks without licence or registration.
Failure by supplier to inform local licensing authority of single transactions
Unlicensed supply of fireworks by ‘all year round suppliers.’
‘All year round suppliers’ are traders who supply fireworks outside the following
periods: 15th October to 10th November inclusive, 26th December to 31st December
inclusive and the first day of the Chinese New Year, Diwali and the three days
immediately preceding both. Such suppliers must operate under a licence to supply
granted by the Fire Service.
Please be aware that it is permitted for persons to keep the following quantities of
Hazard Type 4 explosives without registration or licence for a limited period, for their
Quantity Limited Period Condition
Up to 250kg (NEC)* For up to 3 days At place of intended use.
Up to 100kg (NEC) For up to 3 days At place of intended use
(for a combination of HT3
and HT4 fireworks).
Up to 50kg (NEC) For up to 21 days Not for sale or use at
Up to 5kg (NEC) Indefinitely
*Net Explosive Content
I trust that the above information will assist you in advising members of the public who
have concerns about fireworks. Complainants may telephone Consumer Direct
Yorkshire and the Humber (08454 04 05 06) on any firework issue (referrals to other
agencies will be made where appropriate).
Principal Trading Standards Officer
(2010 figures in bold, 2009 figures in brackets)
District Locality No of No of Illegal No of premises
Premises Fireworks not displaying
Inspected seized the statutory
Packs (Units) notice
Bradford Bingley, Shipley, (34) 58 (398) (9)
Allerton, Fair Weather
Calderdale North Halifax, (10) (0) (1)
Kirklees Holmfirth, Dalton, (22) (2) (3)
Dale, Burton, Golcar,
Holme Valley, Colne
Leeds Hyde Park, Kirkstall, (42) 214 (1509) (6)
Gipton, Seacroft, East
End Park, Killingbeck,
Driglington, East &
West Ardsley, Little
Guisely, Rawdon ,
Otley, Armley, Wortley
, Farnley, Pudsey,
Calverly, Belle Isle,
Wakefield Wakefield (Town (17) 0 (3)
Total (125) 274 (1,907) 22
Complaints by area and type
Area Under- Noise anti Illegal All year Safety TOTAL
age social marketing round
sales behaviour / Storage suppliers
Bradford (4) (1) (0) (0) (2) (7)
Calderdale (0) (0) (0) (0) (0) 0
Kirklees (1) (0) (3) (1) (3) (8)
Leeds (4) (0) (9) (0) (4) (17)
Wakefield (0) (0) (0) (0) (2) (2)
Total (9) (1) (12) (1) (11) (34)
Test purchase data
Area No of test purchases No of sales