The Scottish Government has introduced discretionary powers for local authorities to designate firework control zones (FCZ) under the Fireworks and Pyrotechnic Articles (Scotland) Act 2022.
This is designed to respond to issues arising specifically from the misuse of fireworks, however, the local authority and partners will first consider alternative options including:
- Community engagement/awareness raising.
- Engagement and diversionary activities for young people.
- Early intervention in areas of concern.
- Enforcement activities under the Fireworks (Scotland) Miscellaneous Amendments Regulations 2021.
Alternative Approaches to Firework Control Zones
Prior to any decision to designate an FCZ or to amend or revoke an existing FCZ, the local authority must consult with:
- Those living and working within the boundaries of the proposed FCZ.
- Others living near the proposed FCZ.
- Any other persons the local authority of other partners consider having a connection with, or interest in the proposed FCZ.
Should an FCZ be designated, it will be a criminal offence for a member of the public to ignite a firework, including on private property. Police Scotland are responsible for enforcement of any offences under this Act.
This does not apply to category F1 Fireworks which will be permitted to be used within an FCZ, subject to any other legal controls on their use.
Exemptions within an FCZ is a public firework display, subject to certain requirements.
A local authority can consider an FCZ, or a community may request an FCZ for the following reasons:
- Misuse of fireworks/injuries
- Impact on vulnerable groups
- Environmental protection
- Animal welfare
A Community may make a request for an FCZ. This can be any group of people who feel they have something in common and extends beyond geographic communities to include communities of interest. A Community request cannot be made by an individual.
The local authority should consider all requests submitted. Decisions will be based upon all available evidence, be proportionate and balanced against alternative options as referred to above.
A request can take up to 32 weeks from the initial request to initiation, therefore it is important to consider these timescales.
For further information on this process please contact The Community Safety Team at communitysafety@dundeecity.gov.uk