Licence Sale of FireworksThis page has been prepared to assist retailers to meet the requirements of the legislation controlling the storage and supply of fireworks. It is not an exhaustive list but it does try to cover most aspects of the law. In particular, advice is given on:-
- Registration and Licensing for storage
- Permitted quantities
- Risk Assessment
- Safe Storage
- Underage Sales
- Licence to Supply
- Statutory Notices
Storing Fireworks
The Manufacture and Storage of Explosives Regulations (MSER) came into force in April 2005, and replace much of the Explosives Act of 1875. The Regulations impose duties on the retailer and wholesaler to:-
- Register or licence the storage of fireworks
- Prevent fire and explosion on premises where fireworks are stored
- Prevent unauthorised access to fireworks
What Type of Fireworks am I Storing?
MSER classifies fireworks into Hazard Types according to the hazard they pose. There are four hazard types (HT), with HT1 being the most dangerous and HT4 the least potentially dangerous.
The vast majority of fireworks that you will come across at the retail level are classified HT4, and some will be HT3. You can work out the hazard type of the fireworks you intend to store by finding the transport code on the outer packaging they arrive in.
Transport Code Equivalent Hazard Type
1.3G HT3
1.4G HT4
Registration and Licensing for the Storage of Fireworks
In order to store fireworks, you will require a registration certificate or licence from your local authority to do so. Which one you need depends upon the type and quantity of fireworks that you intend to store, see attached table Registration and Licensing for the Storage of Fireworks.pdf. (5k). The vast majority of fireworks retailers and wholesalers will need to be registered rather than licensed.
How Do I Register or Obtain a Licence to Store Fireworks?
If you have a current registration or licence and your circumstances have not changed, then you need only apply to the local authority for a renewal. If you have not applied previously for a registration or licence or you do not have a current registration or licence, then you must mark your application as a new application.
Download an application form for Registration or a licence
Please be aware that as from 6th April 2010, charges have changed, and that charges will now be made at the revised fee. See the full list of charges, or please contact us. 01685 725138 tstandards@merthyr.gov.uk
Fill in the application form following the guidance notes. You must answer all the questions fully and truthfully, as the information provided will assist the authority in determining whether the applicant is a fit person to store fireworks, and whether the premises are suitable for storage. In considering whether a person is fit to store fireworks, the local authority must be confident that the person can be relied upon to store fireworks without any risk to public safety. In considering whether the premises are suitable for storage, the local authority will use the criteria contained in the MSER and guidance issued by the Health and Safety Executive.
It is an offence to give false information in support of any application.
You will be notified in due course whether your application has been successful. If you have been successful, your registration certificate or licence (as appropriate) will be issued and you can begin to store fireworks.
Under the MSER, the local authority can refuse to register or licence premises for the storage of fireworks, and it can also revoke a registration or licence currently in force. If you are unhappy with a decision made by the local authority, you should make your representations within 28 days to the council at the address given at the end of this leaflet.
If you are still unhappy with the final outcome, you may appeal to :-
The Secretary of State for Work and Pensions
Richmond House
79, Whitehall
London
SW1A 2NS
How Much Does it Cost to Obtain a Registration or Licence?
The current fees chargeable under the Manufacture and Storage of Explosives Regulations are indicated on the application forms and are currently valid for 2009/10. Please note that the fees are set by statute law and cannot be varied by the local authority. You will note that the fees for a licence and registration differ. Please ensure that you complete all the documentation correctly, and submit the appropriate fee to avoid any delay in processing your application.
What Do I Need to Do to Store Fireworks Safely?
You are responsible for the safety of your staff, customers and anyone else visiting your premises. You will need to carry out a risk assessment. You can do this by completing the risk assessment checklist included in this guide. The risk assessment involves thinking about what could go wrong, and then deciding what action you can take to try to ensure that it doesn’t go wrong.
Ask yourself the following questions.
- How could a fire start?
- How could it spread?
- What do I need to do to protect people if there is a fire?
Then decide what you need to do to :-
- Prevent a fire starting
- Stop it spreading
- Protect people in the event of a fire
Then, carry out the actions identified by the assessment, and use the ‘Storing Fireworks Safely’ table overleaf to assist you in ensuring that your fireworks are stored safely. Your risk assessment should be reviewed regularly, or when there is a change in circumstances to ensure that it remains current, relevant and effective. Note that if you have five or more employees, you are required to keep a written copy of the risk assessment.
What Quantity of Fireworks Can Be Kept in the Sales Area?
As well as controlling the maximum quantity of fireworks permitted on the premises as a whole, the local authority registration limits the quantity of fireworks permitted in the sales area of the store. The larger the sales area, the greater the quantity of fireworks you will be able to store there, as specified in Quantity of Fireworks to Size of Sales Area.pdf(5k) The remainder of fireworks must be stored safely elsewhere on the premises.
Storing Fireworks Safely
Storing Fireworks Safely.pdf(13k)
Additional Safety Measures
Where more than 75kg net of HT4 fireworks are stored in the same building as domestic / sleeping accommodation or are stored in a building adjoining such accommodation, the following additional precautions must be taken to protect residents.
1. A fire detection system must be installed in the shop
2. Domestic parts of the building must have access / exit routes separate to those for the fireworks storage area.
3. There must be suitable fire separation between the fireworks store and the domestic accommodation (e.g. doors, floors and ceilings offering 30 minutes fire resistance.
The store must be closed off and secured from the domestic part of the property to prevent unauthorised access and potential sources of ignition.
Selling Fireworks - Licence to Supply
Once you are registered or licensed to store fireworks, you can sell fireworks at the following times:
- The first day of the Chinese New Year 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 15th October and ending on the 10th November;
- During the period beginning on the 26th December and ending on the 31st December.
If you intend to supply (or display for supply) fireworks at any other time of the year, you will need to obtain a Firework all year round licence.(pdf26k) from your local authority. (This is in addition to the requirement to be properly registered / licensed to store fireworks).
Underage Sales
It is illegal to:-·
- Sell any firework (including sparklers) to anyone under the age of 18
- In the case of caps, cracker snaps, novelty matches, party poppers, serpents and throwdowns, sell to anyone apparently under the age of 16.
You should set up a system to ensure that you have done all that is reasonable to prevent young people being served with fireworks and similar goods on your premises.
If you are unsure how old a person is, ask them to prove their age with a proof of age card, photo driving licence or passport. Never accept a birth certificate or national insurance card as these do not carry a photograph and could belong to anyone.
If any doubt remains, always refuse the sale.
We will be able to give you detailed advice on avoiding underage sales, for example staff training and using a refusals book.
Fireworks not to be Supplied to Members of the Public
The following fireworks must not be supplied to members of the general public, regardless of their age:-
- Fireworks intended for professional use
- Bangers (including batteries containing bangers, for example Chinese crackers)
- Aerial shells and maroons, shells in mortar and maroons in mortar
- Mini rockets
- Fireworks with erratic flight (e.g. jumping jacks, ground spinners)
- Air bombs
Labelling and Packaging
- Fireworks must not be sold separately if they are intended to be sold together as a pack.
- Sparklers must be labelled ‘Warning – not to be given to children under 5 years of age’
- Fireworks intended for sale to the public must comply with the safety standard for fireworks,currently BS 7114, and be labelled accordingly.
The Supply of Large Quantities of Fireworks
You must not supply more than 50kg net of fireworks to any person unless that person can demonstrate that they are properly registered or licensed for the storage of fireworks.
In the case of the sale or transfer of more than 50kg of fireworks in a single transaction, you must keep a record of:-
The name and address of the person who supplied you with the fireworks
The date they were supplied to you
The name and address of the person who you supplied the fireworks to
The date you supplied them.
Notices
Suppliers must display a notice where fireworks are sold, giving the following messages:-
IT IS ILLEGAL TO SELL ADULT FIREWORKS AND SPARKLERS TO ANYONE UNDER THE AGE OF 18,
and
IT IS ILLEGAL FOR ANYONE UNDER THE AGE OF 18 TO POSSESS ADULT FIREWORKS IN A PUBLIC PLACE
This guidance is worded in a general way and cannot cover every circumstance. If you require further advice on the subject please contact us.
Trading Standards Enforcement Policy.pdf (47k)
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