Councillors Approve Process For Creation Of Firework Control Zones

5th September 2024

A process for responding to community requests for the creation of Firework Control Zones in The Highland Council area has been approved by Members of the Communities and Place Committee.

The option of using a Firework Control Zone is one of the tools available to respond to serious firework misuse and the Council will work with communities and key partners to consider appropriate and proportional response to local firework issues.

Chair of Communities and Place Committee, Cllr Graham MacKenzie explained, "I commend officers for the development of this new process which will enable the Council to comply with Scottish Government legislation and also facilitate community groups to respond to local needs where they feel that creation of a Firework Control Zone is required

“The process for community groups to request Fireworks Controls Zones in Highland has been developed with Scottish Fire and Rescue Service and Police Scotland and they will continue to be consulted on any applications received. Local communities and relevant organisations will also have the opportunity to comment on requests for Fireworks Control Zones with the final decision on designation of a zone being made by Highland Councillors at Area Committees."

He added: “The Highlands haven't had the major issues of anti-social firework misuse such as seen in a few Scottish towns last year. The Council has had a long partnership over many years with Scottish Fire and Rescue Service and Police Scotland supporting the existence of annual council and community organised bonfire and firework displays to help to ensure public safety. Along with our partners we will continue to encourage attendance at public fireworks displays.”

Last year, the Fireworks and Pyrotechnics (Scotland) Act 2022 came into force in Scotland which gave discretionary powers to local authorities to designate a place within its area as a Firework Control Zone.

It is a criminal offence for the public to ignite ‘designated’ fireworks, including on private properties and gardens within a Firework Control Zone. Police Scotland is responsible for enforcing offences related to the illegal use of fireworks within Firework Control Zones. The maximum penalties for offences are £5,000 or 6 months imprisonment.

Community requests for the designation of a Firework Zone can be made by a community group but not from individuals, however complaints about antisocial behaviour concerning fireworks can be made by individuals and reported to Police Scotland by telephoning 101 or 999 depending on severity. Concerns about underage sales, unlicensed trading and illegal fireworks can be reported to the Council’s Trading Standards service.

The application process for community groups to apply for a Firework Control Zone will be published on the Council’s website www.highland.gov.uk in due course.

‘Designated’ fireworks for which it would be a criminal offence to ignite in a Firework Control Zone include categories F2, F3 and F4 under the Act. Category F1 fireworks - which are indoor or close proximity fireworks with minimal safety distances, including sparklers, novelty items, indoor fireworks, and party poppers – will still be permitted within Firework Control Zones subject to any other legal controls.

“Category F1 firework” means a firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including a firework which is intended for use inside domestic buildings,

“Category F2 firework” means a firework which presents a low hazard and low noise level and which is intended for outdoor use in confined areas,

“Category F3 firework” means a firework which presents a medium hazard, which is intended for outdoor use in large open areas and whose noise level is not harmful to human health,

“Category F4 firework” means a firework which presents a high hazard, which is intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.