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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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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