Agenda item

This report updates the Joint Advisory Board on work carried out by Brent and Harrow Trading Standards Service and the Brent Licensing team on market surveillance and enforcement activities in relation to the storage and sale of fireworks.

9.               Sale of Fireworks 

The Board received a report which provided an update on work conducted by Brent and Harrow Trading Standards Service and the Brent Licensing team on market surveillance and enforcement activities in relation to the storage and sale of fireworks.

The Board received a report, presented by Anu Prashar (Senior Regulatory Service Manager, Brent Council)

In considering the report the Joint Advisory Board noted:

In Brent it is the licensing team and in Harrow, it is the Trading Standards team that has been delegated the authority to conduct market surveillance and enforcement activities in relation to the storage and sale of fireworks.

Fireworks sold at retail level are classified as HT (hazard type) 4, the lowest hazard classification. HT4 fireworks most be stored in a fire-resistant cabinet or container, in a dry area away from the risk of ignition.

Each year around 20 in Brent and 35 in Harrow premises are licensed to store fireworks and are able to sell them for limited periods around Bonfire Night and the New Year. A small number of premises have an additional license to sell fireworks all year round. Three premises in Brent and four in Harrow are licensed for year-round sale of fireworks. Enforced the legal provisions requiring that fireworks sold in the boroughs are manufactured to the relevant standard and that they are not sold to minors (under 18s).

Eight premises in Brent have a five-year licence and one has a two-year licence. In Harrow seven have a five-year licence and two have a two-year licence.

Premises that obtain a licence permits them to sell fireworks only during prescribed periods between:

·                 15 October to 10 November

·                 26 to 31 December

·                 3 days before Diwali and Chinese New Year.

Licensing permits name individuals who can store explosives in the form of fireworks. Pre-Licence checks ensure the named individual is a fit and proper person to store fireworks and that areas for storage are clearly defined and fit for purpose.

Officers conduct inspections of all our licenced premises on all new applicants and high-risk premises. Retail outlets are inspected during the period immediately before 5 November, traditionally the busiest period of sales. In addition, officers will respond to intelligence received regarding sales during any of the other permitted sales periods.

Retail inspections provide assurance that fireworks are safely displayed, only sold during permitted periods and to ensure compliance with age related sales safeguards. Inspections also ensure the type of fireworks and how they are stored in addition to point-of-sale display comply with license conditions.

Currently Brent officers have rejected two applicants wishing to store and sell fireworks due to insufficient knowledge of the storage requirements.

Officers also monitor social media channels for any evidence of unlicensed storage or sale of fireworks.

The register of licenced premises is a public document and can be supplied on demand.

Under the Pyrotechnic Articles (Safety) Regulations 2015, there are restrictions on the sale of fireworks as follows:

o  Christmas crackers cannot be sold to anyone under the age of 12 years.

o  category F1 fireworks (including party poppers, serpents and novelty matches) cannot be sold to anyone under the age of 16.

o  F2 and F3 category fireworks (including sparklers) must not be sold to anyone under 18.

o  The most powerful F4 category fireworks (display fireworks) must not be sold to members of the public; they can only be supplied to a person with specialist knowledge.

However, exemptions apply where person is operating as a volunteer undertaking a test purchase on behalf of a local authority.

In response to a question in relation to warehouses that sold display fireworks, officers advised that Trading Standards only dealt with retail shops and Environmental Health dealt with warehouses. officers advised that there were no warehouses in either borough but if there were they be subject to the same checks as shops.

Members asked questions about firework standards and were advised that there were numerous standards that fireworks go through, and that Trading Standards worked closely with the ports.

In response to a question the licencing fees, the Board was advised about several types and years of licence and that fees were set by the Government.

Having considered the report, the Board RESOLVED:  That the report be noted.