Bonfire and Firework - Frequently Asked Questions (FAQ)

BUYING FIREWORKS - DID YOU KNOW

You must be: 

·       over 18 to buy 'adult' fireworks (complies with safety regulations, part 2 of BS 7114)

·       over 16 to buy category 1 fireworks (exceptions include some sparklers, party poppers, crackers)

·       It is also illegal for adults to make fireworks or pyrotechnics available to anyone under the age of 18.

You can only buy fireworks (including sparklers) from registered sellers for private use on these dates:

·       15 October to 10 November

·       26 to 31 December

·       3 days before Diwali and Chinese New Year

At other times you can only buy fireworks from licensed shops. This includes anyone supplying fireworks to the public in Scotland and businesses based outside Scotland and selling fireworks online where delivery takes place in Scotland.

POSSESSING FIREWORKS - DID YOU KNOW

It is an offence for anyone under 18 to possess adult fireworks in a public space. This offence is in place not only to ensure the safety of young people but to reduce ASB that can be attributed to fireworks misuse.

DID YOU KNOW - You can be fined an unlimited amount and imprisoned for up to 6 months for selling or using fireworks illegally. You could also get an on-the-spot fine of £90.

If you have any information as to WHO or WHERE young people under 18 have obtained fireworks from in West Lothian, or that fireworks have been obtained for illegal use, please contact;

• Police via 101 or,
• use the Contact Us (opens new window)  form on the Police Scotland website, or
• for serious issues call 999.

If you wish to remain anonymous, please contact the independent charity Crimestoppers on 0800 555 111 or contact  Crimestoppers (opens new window) here.

You can keep up to 50kg of category 2 or 3 fireworks for up to 21 days as long as these are not for sale or use at work. This is to help people and organisations planning to hold larger firework displays. 

You cannot buy 'adult' fireworks if you're under 18, and can only set off fireworks between 7am and 11pm, except on certain occasions.

·       Bonfire Night, when the cut off is midnight

·       New Year's Eve, Diwali and Chinese New Year, when the cut off is 1am

Fireworks regulations dictate public fireworks displays need to be licensed and approved. 

In West Lothian, the operating agreement informs the named holder what guidelines must be adhered to in order to promote safety to people attending the event, whether or not they have paid to be there.

Further information can be found here: Events - Licensing Requirements

West Lothian Council and Community Safety Partners are not able to 'lobby' the Scottish Parliament for legislative change.  Community Safety Partners including West Lothian Council took part in the National consultation along with members of the pubic and interested parties and further changes are required to be made by the Scottish Parliament.

Issues such as further restrictions relating to Sales of fireworks or further changes to legislation is a responsibility for the Scottish Government.

The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 gives discretionary powers to local authorities to designate Firework Control Zones where it is considered there is a need to restrict the use of fireworks in specific areas.

A Firework Control Zone is defined as an 'Area within a Local Authority boundary in which it is a criminal offence for a member of the public to ignite a firework, including on private property'.

The boundary of the zone needs to be clearly defined in terms of area and has to be proportionate in size so that it is enforceable. The Scottish Government guidance states that Firework Control Zones cannot cover an entire local authority area, or even extensive parts.

In Firework Control Zones: 

• it is against the law to set off fireworks anywhere, including on private property, except for category 1 fireworks (sparklers, crackers, party poppers)  

• organised public firework displays are allowed, so people can enjoy fireworks safely 

There are a small number of exemptions to this. Find out more at:Scottish Government - Fireworks (opens new window)

Reasons may include:

• misuse of fireworks (e.g. anti-social behaviour, attacks on public, attacks on emergency workers or noise from fireworks)
• injuries from fireworks (e.g. number and severity)
• animal welfare (e.g. anxiety, injuries, effect on livestock)
• impact on Vulnerable Groups (e.g. autism, assistance dogs, Post Traumatic Stress Disorder)
• environmental protection (e.g. air quality, spent fireworks, proximity to nature reserves).

Evidence required

West Lothian Council would be expected to have a good evidence base for the designation of a zone using data and intelligence from agencies, including Police, Scottish Fire and Rescue Services (SFRS), West Lothian Council (Community Safety, Licensing & Trading Standards) along with other agencies including voluntary organisations and other Council Departments as required.

There is also an expectation that other courses of action would have first been considered.

A Firework Control Zone is one tool within a range of multi-agency enforcement and preventative measures available and is not designed to be the first or only step, a local authority can take to tackle issues associated with fireworks.

Other courses of action include:

• community engagement and involvement
• awareness raising including social media
• targeted use of Police, Scottish Fire Rescue Service and Council Safer Neighbourhood Team Officers
• retailer compliance checks
• positive engagement with young people (e.g. via schools / youth clubs / community groups) 
• enforcement activities

Who can apply?

The Council and its community partners can be asked to consider a Firework Control Zone if the following criteria has been met:

• Submission of a Community Request
• A minimum of 5 months for the FCZ process
• Clear details of the area which a FCZ is to be placed
• Areas must not be whole wards or sub wards
• A clear understanding of the need for a FCZ to be implemented

A Community Request needs to come from a Community Group and cannot come from an individual alone.

A community request must have a minimum of 25 signed participants and a named lead person.

This can be a group of people with something in common and in many cases, it might be that they live in the same area or share a common interest, such as a Community Council or a group representing faith, culture, welfare, the environment or a conservation area.

An application requires to have a minimum of 5 months for the process to take place to ensure it is carried out properly and in line with the Scottish Government guidelines.

An application form is available on request for any group that wishes to apply for a Firework Control Zone that meets the application criteria.

What is the application process?

The Community Request application will be considered by the Council and its partners using available evidence, submitted or obtained.

A formal response will be issued advising that the application will either be accepted to proceed to a consultation, or rejected at this initial stage.

If rejected, a response will be issued with clear reasoning as to why the decision was taken not to proceed to a consultation. This response will demonstrate that account has been taken of any issues raised.

If proceeding to a consultation, a proposal will then be developed and published, with strict timescales.

Once a consultation is completed and submissions considered, the outcome will be to either designate or not designate a control zone.

The decision will include:

• a summary of the consultation and analysis of responses
• number of responses and who from
• the rationale to proceed or not to proceed
• clear demonstration that account was taken of responses and of any issues raised
• if the decision after consultation is not to designate a zone, the group applying has the opportunity to request a review within 28 days and with clear criteria for the review.
• the review needs to be carried out by a Council Officer not involved in the decision-making process. 

How can you apply ?

If any Community Group meeting the application criteria wishes to apply for a Firework Control Zone, then an application form can be requested by sending an email to:

FireworksControlZone@westlothian.gov.uk (opens new window)

It is an offence for anyone under 18 to possess adult fireworks in a public space. This offence is in place not only to ensure the safety of young people but to reduce ASB that can be attributed to fireworks misuse.

If you have any information as to WHO or WHERE young people have obtained fireworks from in West Lothian, please contact Police via 101 or use the 'contact us' form on the Police Scotland website (opens new window). 

If you wish to remain anonymous, please contact the independent charity Crimestoppers on 0800 555 111