New legislation to snuff out firework misuse

New fireworks legislation gives Warwickshire Police new powers to tackle youths misusing fireworks in our communities through on the spot fines of £80.

The legislation includes a fireworks curfew, a ban on dangerous air bombs and greater responsibility on retailers to ensure they are not selling fireworks to under 18s.

Superintendent Paul Mason-Brown said

"Any under 18s found in possession of an adult firework in a public place will be fined £80, rising to £120 and court action if they fail to pay"

"Police can also issue an £80 Disorder Fixed Penalty ticket for throwing fireworks."

"The curfew from midnight on Guy Fawkes night, until 7am the following morning should mean families can enjoy quiet nights without loud bangs going off. Contravention of the curfew could lead to a maximum sentence of a £5000 fine and/or six months in prison."

"The emphasis isn’t only on the user of fireworks. Retailers will also be fined for supplying under 18’s."

Superintendent Mason-Brown added

"The majority of revellers on fireworks night want to enjoy themselves and have a good time by letting fireworks off in a controlled safe environment at a reasonable time of night and there is nothing the police want to do to stop that happening.

"The legislation is aimed at the minority of people who unfortunately use fireworks inappropriately in the community, perhaps letting them off in the street or at anti-social times of the day.

"Last year over 25% of firework accidents around bonfire night happened in the street or other public place. We hope these bans will strongly discourage individuals from dangerous, irresponsible acts involving fireworks which can often result in tragedy for them or others."

The new firework offences came into force on 7 August and were created in the Fireworks Regulations 2004, made under the Fireworks Act 2003.

It is now illegal:

1) To let adult fireworks off between 11pm and 7am (with the exception of 5 November, 31 December, Chinese New Year and Diwali)

2) For under 18 year olds to POSSESS adult fireworks (any firework that is not an indoor firework such as a Cap, Cracker snap, Novelty match, Party popper, Serpent, Sparkler, Throw down) in a public place

3) For anyone to possess any category 4 firework in a public place (the bigger examples used at displays)

4) For retailers to sell adult fireworks to under 18’s

5) For retailers to sell fireworks that are louder than 120 decibels to anyone

Public place means any place which at the material time the public have or are permitted to have access whether by payment or otherwise.

The exceptions for items 2 and 3 above are when as part of a recognised business the person is connected to a fireworks display or is part of the manufacture, sale or supply, transport, research or testing process for fireworks. Also they may be exempt if they are part of the Armed services or a theatre or film production team.

The changes in legislation also include a new licensing system for those supplying fireworks all year round, whether retail or wholesale. There will also be tighter controls on the import of fireworks. Both of these two measures will come into effect on 1 January 2005. The enforcement authority for these tougher rules has now passed to the Police and contravention of the curfew for example could lead to a maximum sentence of a £5000 fine and / or 6 months in prison.

From November 2004 the Disorder Fixed Penalty ticket for throwing fireworks will be upgraded from £40 to £80 and include offences 1, 2 & 3 above.

The courts will pursue any unpaid fines using the new fine enforcement measures in the Courts Act 2003. These provide for deductions from earnings or benefits, registration on the debt registry, seizure of goods and clamping of vehicles - the ultimate sanction being jail.

More info on the whole subject of fireworks including accident statistics can be found on www.dti.gov.uk/fireworks