Fireworks Retailers and the Law

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• Important Changes to the Law on Fireworks (Factsheet)
• Firework Safety

THE LAW

There have been strict controls on the sale and storage of fireworks for many years. This factsheet is designed to help you comply with the law below:

• the supply to the general public of certain powerful fireworks is banned, including:

          aerial shells, aerial maroons, shells-in-mortar and maroons-in-mortar

          fireworks with erratic flight, all bangers, mini-rockets and air bombs

• the splitting of retail boxes is not permitted
• packets of sparklers must carry a warning - “Not to be given to children under 5 years of age”
• fireworks intended for public use must comply with BS7114 and be marked as such
• all fireworks not suitable (as defined in the Regulations) for use by the general public must bear a warning to that effect.
• it is illegal to sell fireworks to anyone under 18 years of age

The maximum penalty for selling fireworks to persons under the age of 18 is now a £5,000 fine. Note that the previous defence that the person seemed to be over 18 has been removed. If the buyer is under 18 and you sell fireworks to them, you will be liable to be prosecuted.

REGISTRATION

To store fireworks (except for private use) your premises must be registered with Hampshire County Council. Please contact your nearest Trading Standards office for advice - see below for details.

STORAGE AND DISPLAY

The following maximum amounts are permitted for storage on registered premises. All weights listed in the following paragraphs are net weights of explosives contained in the fireworks.

• Sales Area - 12.5Kg in a small shop, rising to 75Kg in large superstores etc.
• Non-public Areas - 250Kg (less the amount in the sales area) BUT NOTE that in premises which contain or adjoin domestic or sleeping accommodation this is reduced to 75Kg, unless specific constructional requirements are met.
• In areas where the public have access you can keep fireworks in glass showcases, metal containers, wooden boxes, cupboards or drawers, but these must be locked or positioned so that no unauthorised person can reach them. Each container must not contain more than 12.5Kg net weight of explosive. You must not put glass showcases containing fireworks in your shop window.
• Fireworks stored elsewhere in the building must be kept in closed fire-resistant containers. The fireworks should be kept in their transport packaging for as long as possible, and only opened when needed.

Any container used for keeping fireworks must not contain other articles.

You and your employees must take due care to prevent unauthorised access to any fireworks and accidents involving fire.

SAFETY PRECAUTIONS

 

• Keep all passages and stairways clear so that, if a fire should occur, escape is not hampered. See that doors are not obstructed.
• Do not store fireworks in passageways or under stairs.
• Keep water-type fire extinguishers handy and see that they are properly maintained (buckets of water and sand are a useful stand-by).
• Label the containers: ‘Fireworks Highly Flammable’, and keep them closed;
• Keep all fireworks in a dry place;
• Disconnect from the electricity supply any electrical fitting inside a display case while the case is being used for displaying fireworks;
• See that there is no smoking at or near the stands or counters where fireworks are being sold or displayed. Put up ‘NO SMOKING’ notices.

SALES

It is illegal to offer, supply or sell fireworks outside of the following periods:

• First day of Chinese New Year and 3 days prior
• Diwali and 3 days prior
• Between 15th October and 10th November
• Between 26th and 31st December

unless you have been granted a special licence by the Trading Standards Service. Licences cost £500 and can be obtained by contacting the Service as detailed at the bottom of this factsheet.

All retailers must display an A3 size notice with minimum print size 16 mm which states:

"It is illegal to sell adult fireworks or sparklers to anyone under the age of eighteen, and
it is illegal for anyone under the age of eighteen to possess adult fireworks in a public place."

Firework Resources on the web:

 

• UK Firework Safety Website  (Firework Industry Website)

• BERR Firework Website  (BERR - Department for Business, Enterprise and Regulatory Reform)

• Firework Injury Statistics - 2005  (Department for Business, Enterprise and Regulatory Reform)
  
• Hampshire Fire and Rescue Service
  

• Fight For Sight  (Charity)
  

 

This advice is designed to provide basic guidance to traders. It is not a complete or authoritative statement of the law. For further assistance on this or any other Trading Standards legislation, please contact your nearest office. We will be pleased to offer this information in larger print or translated into any language on request.

 

B/saf/002/005 September 2005