The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (legislation.gov.uk) introduced a discretionary power for local authorities to designate firework control zones.
A firework control zone (FCZ) is not intended to be a catch-all solution to deal with issues involving fireworks. If a local authority, in agreement with partner agencies, considers a FCZ to be appropriate, it is expected that a zone would be utilised alongside other preventative and enforcement tools to have maximum effect.
FCZs have not been designed to be the first or only step taken by local authorities to tackle issues associated with firework misuse, to be used extensively, or to encompass an entire local authority area.
Alternative Approaches to Firework Control Zones
Before any decision to designate a FCZ, or to amend, or revoke an existing FCZ the local authority must consult with:
- Those who live or work in the proposed zone.
- Other members of the local community in or near the proposed zone.
- Any other persons or bodies that the local authority considers to have a connection with, be interested in or affected by the proposed zone.
If an area is designated as a FCZ, members of the public aren't allowed to use fireworks, including on private property such as a garden.
There are some exemptions to this, which include:
- Category F1 fireworks. These are classed as 'indoor fireworks' such as sparklers.
- Public organised displays, subject to local licencing.
A local authority can consider an FCZ, or a community may request an FCZ for the following reasons:
- misuse of fireworks/injuries
- impact on vulnerable groups
- environmental protection
- animal welfare
Community request
If you believe there's an issue with fireworks in your area, a community request can be made by any community group for an area to be considered as a zone. The request should be emailed to sag@northlan.gov.uk with the subject line “FCZ – community request”.
The application must be submitted by a community of residents, a community council, or a welfare group, not by an individual and should include:
- Lead applicant: A lead applicant must be designated, who will be the sole point of contact for notifications about the application’s progress and outcome.
- Community status: Please include details of the group making the request.
- Reason: Please detail the reason for the request. Further information can be found on reasons why a FCZ could be designated in section 4 of the Scottish Government guide - Firework Control Zones: Guidance for Local Authorities (www.gov.scot)
If the request is taken forward, the process will require a wider consultation in line with the legislation.
Timelines
We aim to consider all community requests received and provide a response as to whether the request has been accepted within four weeks. An accepted application can take up to 32 weeks from the initial request to implementation, therefore it is important to consider these timescales.
Complaints
Call Police Scotland on 101 to make a complaint about antisocial behaviour related to fireworks.
Once a FCZ has been designated, responsibility for enforcing offences under the Act falls to Police Scotland.