Fireworks

Fireworks and Noise
Fireworks are now used regularly across the country to celebrate and they are not just for bonfire night but also as part of public and private functions.

Fireworks are fun and can create an effective display of light, but they can frighten people, pets and local wildlife. After all, fireworks are explosives and for vulnerable people and animals, the impact of the noise can also be serious. Not everyone appreciates noise from fireworks, and this information looks at the impacts of fireworks and how they can best be managed.

What is the problem- Noise?
While a fireworks display can add excitement to special occasions, fireworks can frighten and disturb people and animals. Farm animals have literally been scared to death; startled animals have been injured, killed and caused accidents when bolting; and domestic animals can become panicked leading to vicious and destructive behaviour.

Fireworks and the Law
The Fireworks Regulations 2004 places new restrictions on the use and sale of fireworks. The noise from fireworks can be deemed a statutory nuisance under Part III of the Environmental Protection Act 1990. This Act allows South Bucks District Council to prevent or abate noise nuisances from premises and land, which includes noise from fireworks.

A ‘nuisance in law’ must be a continuous state of affairs. A firework event held maybe once a year for an hour or so is not ongoing;

Fireworks are used to celebrate a significant cultural or religious ceremony, this would be the view taken by any court in relation to fireworks used during this period;

It would be difficult to prove beyond all reasonable doubt (Nuisance law is criminal law) that any one event or person is solely causing the noise problem when there may be scores of similar events in the locality;

By virtue of the cost of fireworks, few firework events last long enough to allow officers to reach them before they (and the evidence would we need) are over.

A single fireworks party would not be considered a noise nuisance, but if regular events take place at the same property, action can be taken in the form of an abatement notice. This notice will require the person causing the nuisance to stop and if the person, without reasonable excuse, fails to comply with the notice, he or she is guilty of an offence and can be prosecuted.

All fireworks have to comply with product safety requirements and British Standard BS 7114 and must not exceed 120 decibels. These regulations are enforced by trading standards officers and suppliers/shopkeepers who breach theses regulations face a fine or up to 6 months in prison.

How to avoid firework frights and noise problems?
If you are considering having fireworks at an event and are concerned about disturbing neighbours, follow these simple guidelines to reduce the risk of noise nuisance. Better still invite them along!

1. Tell your neighbours when you are going to have a fireworks display - especially the elderly and those who have children and pets. Make sure pets and other animals are safely away from fireworks.
2. Consider the timing. If you have a firework display, hold it on a Friday or Saturday night and make sure it is not late at night and never after 11pm (unless it is within the exceptions)
3. When purchasing fireworks, check they are suitable for your size of garden and conform to British Standard BS7114. Avoid the large explosive types, which are noisy purchase the ones that have more of a visual appeal. Your supplier should be able to tell you what they are selling.
4. Avoid letting off fireworks in unsuitable weather - when it is still and misty, in strong winds or when air quality is poor. Let your fireworks off in an open garden area - noise bounces off buildings and can increase the noise level and smoke and pollution builds up in enclosed spaces as well.
5. If a neighbour complains about your fireworks that they are disturbing them or their pets or livestock, please be considerate.
6. After your display, clear up firework fall out and dispose of it safely.

How can you report firework problems?
Fireworks are exciting and fun and are enjoyed by many. Fireworks don't have to be noisy to be fun. We should be able to enjoy them in safety and without causing annoyance to our neighbours and their pets or livestock or the local wildlife.

When informal action is not possible or fails, you should complain to your Local Authority and they will investigate your complaint.

Once you make a formal complaint, you will be asked to complete diary log sheets, which should provide accurate details of

• A description of the noise and how it affects you in your home or garden
• The dates the noise disturbs you
• The times the noise starts and then stops.
• The diary sheets should then be returned to us for analysis, and based on this evidence appropriate action will be taken. This may involve visits to your property to witness the disturbances you are experiencing.

If you are being disturbed by fireworks and you can identify where they are being let off please you can either complete the nuisance complaint online form , or telephone Environmental Health 01895837264 or email environment@southbucks.gov.uk

Downloadable documents

All documents open in a new window.

File name	Size	Download time
Noise Information Pack in PDF format	85 KB	24 secs @ 28.8k, 12 secs @ 56k
Noise Logsheet in Word format	47 KB	13 secs @ 28.8k, 6 secs @ 56k

• Download Acrobat PDF Reader (external website). Acrobat PDF Reader allows you to view PDF files.

Do's and Don'ts

Don't

• Return to a firework once lit. It may go off in your face
• Throw fireworks 
• Put fireworks in your pocket 
• Play with fireworks 
• Ever give sparklers to very young children

Do

• Keep fireworks in a closed box
• Follow the instructions carefully
• Light the firework fuse at arms length 
• Stand well back 
• Keep pets indoors 
• Wear gloves when holding sparklers 
• Put spent sparklers in water

When can I use fireworks?
The Fireworks Regulations 2004 prohibit anyone under 18 from possessing fireworks, and anyone except professionals from possessing display fireworks in a public place. These regulations also prohibit the use of fireworks at night (11pm - 7am) in England and Wales, with extensions to the curfew for the following festivals:

• Until 01:00 on the night of the Chinese New Year
• Until 01:00 on the night of Diwali 
• Until 01:00 on the night of New Years Eve 
• Until Midnight on 5 November

These regulations are enforced by the Police. There is a penalty of up to £5,000 or 6 months in prison for breach of curfew. The supply, purchase or possession of excessively loud fireworks over 120 decibels is also prohibited.
Under the Control of Explosives Regulations 1991, it is an offence to keep fireworks (except those for private use) on premises that have not been registered for this purpose. Individuals can store fireworks for private use for up to 14 days, provided they are kept in a safe place.

The throwing or setting off of fireworks in a highway or street is an offence under the Explosives Act 1875. This is enforced by the police, with a fine of up to £5,000.

It is an offence to cause unnecessary suffering to animals under the Protection of Animals Act 1911. A penalty of up to £5,000 and/or 6 months in prison is enforceable by the police, trading standards or RSPCA.