Noise Control - Firework Noise

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Noise Control - Firework Noise

Noise Control – Firework Noise

Firework Noise

The Fireworks Regulations 2004 places new restrictions on the use and sale of fireworks.

Other than this, there is no specific law to deal with noise nuisance caused by fireworks. The ordinary noise nuisance laws may not be applicable to firework noise as:

A ‘nuisance in law’ must be a continuous state of affairs. A firework event, held maybe once a year for an hour or so, is not ongoing;

Fireworks are used to celebrate a significant cultural or religious ceremony, this would be the view taken by any court in relation to fireworks used during this period;

It would be difficult to prove beyond all reasonable doubt (Nuisance law is criminal law) that any one event or person is solely causing the noise problem when there may be scores of similar events in the locality;

By virtue of the cost of fireworks, few firework events last long enough to allow officers to reach them before they (and the evidence would we need) are over.

When can I use fireworks?

The Fireworks Regulations 2004 prohibit anyone under 18 from possessing fireworks, and anyone except professionals from possessing display fireworks in a public place. These regulations also prohibit the use of fireworks at night (11pm – 7am) in England and Wales, with extensions to the curfew for the following festivals:

Until 01:00 on the night of the Chinese New Year

Until 01:00 on the night of Diwali

Until 01:00 on the night on New Years Eve

Until Midnight on 5 November

These regulations are enforced by the police. There is a penalty of up to £5,000 or 6 months in prison for breach of curfew. The supply, purchase or possession of excessively loud fireworks over 120 decibels are also prohibited.

Fireworks – Why worry?

Noise

Fireworks can frighten and intimidate people, especially the elderly. Animals have been scared to death – literally - by fireworks, others may be startled leading to injury and accidents.

Air Pollution

Fireworks can be very colourful and this is caused by a cocktail of chemicals. On or around Bonfire Night there is often a noticeable increase in air pollution from fireworks and bonfires.

Safety

Fireworks are explosives and must be used with caution. For information on firework safety contact the Department of Trade and Industry, who co-ordinate national firework safety campaigns.

DTI Enquiry Unit
1 Victoria Street
London
SW1H 0ET

www.dti.gov.uk
enquiries@dti.gov.uk

Fire Service

www.fireservice.co.uk/safety/fireworks.php

Sale of Fireworks

Under the Fireworks (Safety) Regulations 1997 all fireworks for use by the public must meet British Standards BS 7114. Under these regulations, the sale of fireworks to under 18’s is banned.

Since January 2005, sections 9 and 11 of the Fireworks Regulations 2004 prohibit the sale of fireworks to the public from unlicensed traders except for Chinese New Year and the preceding 3 days; Diwali and the preceding 3 days; 15 October to 10 November (Bonfire Night celebrations) and 26 – 31 December (for New Year celebrations). Traders will need to apply for a licence to supply fireworks year round.

Under the Control of Explosives Regulations 1991, it is an offence to keep fireworks (except those for private use) on premises that have not been registered for this purpose. Individuals can store fireworks for private use for up to 14 days, provided they are kept in a safe place.

Useful things to remember

Tell neighbours – particularly important if they are elderly, have children or pets

Use appropriate fireworks – when buying fireworks, try to avoid really noisy ones. Your supplier should be able to tell you what they are selling

Make sure pets and other animals are safely away from fireworks

Consider timing – if you are using fireworks for a celebration, a Friday or Saturday is preferable, and make sure they are over by 11pm

Avoid letting off fireworks in unsuitable weather – if it is still and misty or air quality is poor, pollution could be a problem. Strong winds can be hazardous. Check air quality on 0800 556677 or www.airquality.co.uk

Let off your fireworks in an open garden area – noise bounces off buildings and smoke and pollution can build up in enclosed spaces

If a neighbour complains that you are disturbing them, their pets or livestock – be considerate

After your display, clear up firework fallout and dispose of it safely