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9.—(1) Subject to paragraph (2) below, no person shall supply or expose for supply any adult firework, save in accordance with a licence granted under this regulation.
(2) Paragraph (1) above shall not prohibit the supply or exposing for supply, otherwise than in accordance with a licence, of adult fireworks—
(a)on the first day of the Chinese New Year and the three days immediately preceding it;
(b)on the day of Diwali and the three days immediately preceding it;
(c)during the period beginning on the 15th October and ending on the 10th November; or
(d)during the period beginning on the 26th December and ending on the 31st December.
(3) An application for a licence under this regulation shall be made to the local licensing authority in whose area the applicant proposes to supply or expose for supply adult fireworks.
(4) A local licensing authority shall not grant a licence unless it is satisfied that the applicant holds either—
(a)a licence under section 5 of the Explosives Act 1875(1); or
(b)a registration in accordance with section 21 of that Act.
(5) A local licensing authority may refuse to grant a licence, or may revoke a licence which it has granted, if the applicant has committed—
(a)an offence under section 11 of the 2003 Act;
(b)an offence under section 12 of the 1987 Act arising from a contravention of the 1997 Regulations;
(c)an offence under sections 4, 5 or 32 of the Explosives Act 1875; or
(d)an offence in relation to the use, storage or keeping of fireworks under the Health and Safety at Work etc. Act 1974(2).
(6) Where a local licensing authority refuses to grant a licence, or revokes a licence, it shall notify the applicant of its decision.
(7) A local licensing authority may charge a fee not exceeding £500 a year in connection with the grant of a licence under this regulation.
(8) A person may appeal to the court against a decision of a local licensing authority to refuse to grant him a licence, or to revoke a licence, and any such appeal shall be made within 28 days of the decision in question being notified to that person.
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