EHJ October 2003 page 296

In the run up to the November firework season, the debate around the menace of fireworks misuse inevitably grows stronger. In the past, the use of fireworks was undoubtedly restricted to bonfire night on 5 November. It is a very different story today, with the use of fireworks for concerts, outdoor events, religious festivals, weddings and birthday parties becoming ever more common.

Prior to the extended use of fireworks "year round", the main concerns revolved around health and safety issues. However, with an increased use of fireworks during the summer months, and the growing tendency for fireworks to be used to entertain adults and not families, events now take place more frequently and often extend until the early hours of the morning.

Environmental and health impacts

The environmental and health impacts of fireworks are fairly diverse. With regard to safety, if fireworks are misused or mishandled during sale and use, the potential for accidents and injury is high. The Department of Trade and Industry (DTI) collects statistics on the numbers and types of injuries caused by fireworks annually, however this only covers a four week period during the "bonfire night season" – beginning three weeks prior to 5 November and ending one week later.

In 2002, the majority of accidents in England, Scotland and Wales, occurred at a family or private party (363) with the second highest occurrence in the street or other public place (295).

As air, soil and water pollution from the deposition of fireworks is generally accepted to be negligible, with the risk of damage to health from these sources held to be minimal, the issue of noise pollution is fast becoming a key public concern.

The National Society for Clean Air and Environmental Protection’s (NSCA) 2003 noise survey categorises fireworks as a specific source of complaint. Out of 112 respondents, only one local authority stated that "in its opinion" noise from fireworks was a major source of complaint, while 55 respondents stated that fireworks noise contributed the least number of complaints during the period April 2002 to March 2003.1

Despite the lack of credible data to show to what extent noise from fireworks is a real public concern and to what extent complaints to local authority environmental health departments have been growing over the years, the issue has been rapidly pushed up the Government’s agenda with the progression of the private member’s bill on the control of fireworks through parliament.

Primary legislation

The Fireworks Bill, which was introduced in the House of Commons by Labour MP Bill Tynan on 11 December 2002, enables the Secretary of State to make "fireworks regulations" to regulate the supply and use of fireworks and reduce noise, nuisance and injuries. Such regulations could include provisions to prohibit the use of fireworks during anti-social hours, make certain types of fireworks illegal, introduce a licensing system for retailers, restrict the year-round sale of fireworks, and impose stricter rules on the training of those who undertake professional displays.

On 18 September, the bill received royal assent and the enabling act will allow the Government to:

• impose a noise limit of 120 db on fireworks available to the public;
• ban the use of fireworks during anti-social hours;
• license people who sell fireworks;
• allow local authorities to refuse and revoke licenses if retailers act inappropriately; and
• create a compulsory training course for operators of public fireworks displays.

Until now, the primary legislation involved in the supply, sale and use of fireworks included the Fireworks (Safety) Regulations 1997, which makes provisions relating to the safety of fireworks and is generally enforced by trading standards officers, and the safety standard BS 7114, which is intended to regulate the supply of fireworks to the public and professional users by classifying fireworks into categories based on intended use.

Purchase and use of fireworks also falls under the Explosives Act 1875 (as amended) which makes it an offence to sell fireworks to persons under the age of 18 years, throw or discharge a firework in a street or public place, sell or expose fireworks for sale in a street or public place, or to tamper with or alter fireworks. All these offences carry either a maximum fine or imprisonment, or both.

Gerry Sutcliffe, Consumer Affairs Minister has congratulated Bill Tynan on his achievement in steering the bill through both the House of Commons and the House of Lords. “These new powers will make a real difference in cracking down on the excess noise and nuisance that so often keep people awake at night.” Mr Sutcliffe adds that “when used sensibly, fireworks can be a popular form of family entertainment. But all too often noisy fireworks used at anti-social hours can cause real disturbance in local communities.” While any new laws will not apply this year, Mr Sutcliffe has urged retailers and consumers to “act in the spirit of the new law” to allow for “fun without misery”.

Voluntary code

In addition to the legislative provisions, the industry itself has a voluntary code of practice to promote the safer use of fireworks. However, speaking at this year’s annual NSCA noise seminar, Dr Tom Smith, of the British Pyrotechnists Association and the Explosives Industry Group, admitted that with regard to the noise issue, silent fireworks are an "impossibility".

Dr Smith said: "The industry is not averse to stricter controls, indeed it has led in trying to persuade the Government to regulate and enforce where this is appropriate. However, an outright ban would be neither practical or enforceable and would deny some 20 million UK citizens the pleasure they derive from fireworks at garden and organised displays." There is little evidence to suggest that individual fireworks have got louder, but the industry does accept that the increased use of "combination fireworks" that produce multiple noise effects could be contributing the perception of increased noise nuisance.

In an effort to try and combat at least some of the noise issues, a voluntary ban on the sale of “airbombs” to the public came into force on 1 January this year.

Enforcement issues

But noise in the form of loud "bangs" "whistles" and "crackers" is a fundamental characteristic of many fireworks and the British legislation and standard currently in place do little to limit or control maximum noise levels produced. While the Fireworks Act enables the Government to impose a noise limit of 120 dB on fireworks available to the public, there are real concerns that there is little in practice that local authorities can actually do with regard to noise nuisance from fireworks – even though under certain circumstances it is an offence to cause a disturbance with fireworks and officers can enforce this using the Noise Act 1996 and the Environmental Protection Act 1990.

Over three years ago, the CIEH’s then-environmental protection committee considered its own position on noise from fireworks and little seems to have altered since then. In its report, the committee noted that "the relationship between the power of a firework and the noise emitted when it ‘goes off’ is not a simple one". Noting that the domestic use of fireworks presents local authorities with complex issues such as unpredictability and illicit use of powerful fireworks, the committee pointed out the tendency for "displays" to be over before local authorities can actively respond to complaints.

As Andrew Griffiths, CIEH principal policy officer, says, "the major issue is response times. Even if there is a noise patrol available, few events last long enough for a patrol to reach them before it, and any evidence needed, are over." Another issue is proving "beyond all reasonable doubt" that any one person or event is actually causing the nuisance as there may be scores of fireworks events within the locality. “Even where an officer could feasibly serve notice in advance, you still have to witness it," Mr Griffiths points out. "Besides, do we really want to be seen as ‘killjoys’?"

At the end of the day, even with the new Fireworks Act, which aims to have regulations in place in time for the 2004 fireworks season, and the impending European Standard, how does a local authority define an "excessively noisy" firework or display? And at what level does a firework create an offence or nuisance? Does it come back to the "education versus enforcement" argument? Perhaps local authorities will only start to get the message about responsible use of fireworks out to the public through local initiatives such as the promotion of fireworks safety campaigns that address the issue of noise and time and duration of use alongside safety issues.

References

1. NSCA (2003) Noise survey, available by e-mail from mstevens@nsca.org
2. Quiet please: Loud fireworks frighten animals can be downloaded free of charge from the RSPCA website: www.rspca.org.uk.

For further information on the RSPCA campaign contact Joceline Tran, senior local government adviser, RSPCA by e-mail: jtran@rspca.org.uk or tel: 0870 7540 166.

Copies of the Fireworks Act can be downloaded from the web: http://www.legislation.hmso.gov.uk/acts/acts2003/20030022.htm