Stockton-on-Tees Borough Council

Sale and misuse of fireworks

Shops have to register or obtain a licence from Trading Standards & Licensing to be allowed to store fireworks for sale.  If they are not registered or licensed, retailers may be fined up to £5,000 or given a prison sentence of up to six months or both.
 
It is illegal for retailers to sell caps, cracker snaps, novelty matches, party poppers, serpents and throwdowns to anyone who is under 16 and to sell all other fireworks to anyone who is under 18. Trading Standards are responsible for underage sales enforcement.
 
Retailers must only sell fireworks that conform to the Pyrotechnic Articles (Safety) Regulations 2010 and meet certain noise conditions.  They must have the 'ce' mark printed on the box.  Trading Standards are responsible for the enforcement of legislation relating to the safety of fireworks.
 
Unless they have a special licence, suppliers must only sell fireworks

• during the period beginning on the 15th October and ending on the 10th November
• on the first day of the Chinese New Yea and the three days immediately preceding it
• on the day of Diwali and the three days immediately preceding it 
• during the period beginning on the 26th December and ending on the 31st December.

It is an offence under section 80 of the Explosives Act 1875 to throw or set off fireworks in any highway, street, thoroughfare, or public place.  The power to enforce this section of the Act rests with the Police.  Anyone found guilty is liable to pay a fine of up to £5,000 and can be imprisoned for up to six months.  Penalty notices for disorder (on-the-spot fines) can also be issued for this offence, attracting the upper tier fine of £80.
 
In Regulations made under the Fireworks Act 2004, it is also an offence for the under 18s to possess fireworks in a public place and for anyone to let fireworks off during night hours (11pm to 7am) except on Bonfire Night (up to midnight), Diwali, New Year, and Chinese New Year (up to 1am).  Police also have the power to issue penalty notices for disorder for these offences.  Again, the offence attracts the upper tier fine of £80.
 
Under section 4 of the Animal Welfare Act 2006, it is an offence to cause any unnecessary suffering to any domestic or captive animals.  The penalty on conviction is either imprisonment up to 51 weeks or a fine of up to £20,000 or both.  Enforcement of this section of the Act rests with Environmental Health, the Police and/or the RSPCA as appropriate.

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