What is Anti Social Behaviour involving fireworks?

Anti Social Behaviour involving fireworks ranges from fireworks being set off late at night with no regard for the noise nuisance this causes, to deliberate physical harm, or threat of harm, caused to people, animals or property. Any action where fireworks are used to harass, intimidate or cause damage to others is criminal and anti-social.

The impact of fireworks misuse

In the wrong hands fireworks can cause real misery. There have been incidents where fireworks have been used to damage public property such as post boxes and telephone boxes. They have been used to threaten people with injury and to cause deliberate physical harm to both people and animals. Every year hundreds of people are injured by fireworks and require hospital treatment. Whilst most of these injuries are accidents, some will have been intentional attempts to harm or create fear.

Sanctions to tackle the problem

There are laws in place to protect communities from the misuse of fireworks. These are powers for the police to help tackle problems in their communities.

Breaking the law by committing any of the following offences carries a £5000 fine, or six months in prison, or both:

• Throwing fireworks or setting off fireworks in public places: section 80 of the Explosives Act 1875 prohibits throwing or setting off fireworks on any highway, street, thoroughfare or public place. A public place is anywhere other than someone's own back garden - the local park, streets, school yard and bus station are all public places.

• Possession of 'adult fireworks' by anyone under the age of 18 in a public place: 'adult fireworks' are defined as any fireworks except for a cap, cracker snap, novelty matches, party poppers, serpents and throwdowns. This offence was first introduced in emergency legislation in 2003 and made permanent in the Fireworks Regulations 2004.

Remember - even some adult sparklers are adult fireworks.

• Possession of category 4 fireworks (public display fireworks) by anyone other than a fireworks professional: this offence was first introduced in emergency legislation in 2003 and was made permanent in the Fireworks Regulations 2004.

• Curfew on fireworks use: the Fireworks Regulations 2004 also made it an offence for any person to use 'adult fireworks' between the hours of 11pm and 7am - except for 'permitted' fireworks nights. These exceptions, where the curfew start time is later, are as follows:
  • 5 November - 12 midnight
  • Diwali - 1 am
  • New Year's Eve - 1 am
  • Chinese New Year - 1 am

From October 2004 the police are able to use penalty notices for disorder (PNDs) to tackle the misuse of fireworks for those aged 16 or over, as part of a wider drive to give police powers and tools to crackdown on anti-social behaviour involving fireworks.

These new laws allow police to punish offenders immediately with on-the-spot fines of £80 (PNDs). The police are now able to issue PNDs for curfew offences and possession offences (note: throwing a firework in a public place is already punishable by a PND since the introduction of PNDs on 31 March 2004).

The new sanctions are in addition to existing laws on fireworks safety and offer the police an alternative means of dealing with more minor firework offences.