Policy And Resources Committee - 17/12/2001

At a MEETING of the POLICY AND RESOURCES COMMITTEE held at Dundee on 17th December, 2001.

Present:-

COUNCILLORS

Councillor Julia STURROCK, Convener, in the Chair.

The minute of meeting of this Committee of 10th December 2001 was held as read.

Unless marked thus * all items stand delegated.

I SALE OF FIREWORKS

There was submitted Report No. 820-2001 by the Director of Support Services advising the Committee of the present legal framework for the sale of fireworks and requesting the Committee's instructions regarding the position which the City Council wished to adopt in relation to possible changes to the law.

Councillor Sturrock seconded by Councillor Rolfe moved that:-

"1.The Committee calls upon COSLA to arrange for research to be carried out into the sale and use of fireworks and, in particular, the public acceptability of a total ban on the sale and/or use of fireworks.

2. In the interim, the Committee calls for -

(a)the retail sale of fireworks to be banned except in the few days before November 5th and

(b)The Firework (Safety) Regulations 1997 to be updated by the Westminster Parliament to prohibit the sale of powerful and noise fireworks except to those like the Council who hold organised displays, and

3.The Committee remit to the Director of Support Services to take these matters forward with the Westminster and/or Scottish Parliaments through whatever measures may be appropriate, including amendments to primary or secondary legislation or through the introduction of byelaws."

As an amendment Councillor Fitzpatrick, seconded by Councillor Petrie moved

"(a)the Council calls for the retail sale of fireworks to be banned by Westminster Parliament except to those like the Council who hold organised displays; and

(b)at the same time the Council calls upon the Scottish Parliament to seek such necessary devolved powers as may be needed to designate the retail sale of fireworks as an additional activity in terms of Section 44 of the Civic Government (Scotland) Act 1982 so that the Council can introduce a licensing system for the retail sale of fireworks; and

(c)at the same time the Council agrees to promote a local Byelaw banning the retail sale and/or use of fireworks except by bodies or persons like the Council who hold organised displays and calls on the Westminster Parliament to allow its promotion and the Scottish parliament to confirm it."

On a division there voted for the motion - Lord Provost Letford, Councillors Sturrock, de Gernier, Wright, Ward, Shimi, Presswood, Regan, Farquhar, Glen, Grant, Rolfe, Mackie, Scott, Macpherson and Borthwick (16); and for the amendment - Councillors Barrie, Richard Beattie, Dawson, Sawers, Fitzpatrick, Beattie, Guild, Corrigan, Dave Beattie, Fordyce and Bowes (11) - whereupon the motion was declared carried.

JULIA STURROCK, Convener