Process for licensing
Section 6—Applying for fireworks licence: general requirements
33.Section 6 makes it clear that only adults (persons aged 18 years or over) may apply for a fireworks licence.
34.The Scottish Ministers may set out in regulations (under subsection (3)) the general requirements relating to the licence application process, such as the form and manner of the application, the information required in the application, the required supporting documents, the fees payable and any deadlines for the making of an application. The Scottish Ministers, when setting the fees payable, must have regard to the reasonable costs of the fireworks licensing scheme, but may choose to charge a nominal fee or remit the fee altogether.
Section 7—Applying for fireworks licence: mandatory requirements
35.Fireworks licence applicants will also need to meet the mandatory requirements when applying for a fireworks licence. These are set out in section 7 and applicants must disclose any convictions relating to a “relevant offence”, details of any previous fireworks licences that were revoked or cancelled and provide proof that they have completed a fireworks training course during the 3 months preceding the application. The Scottish Ministers may specify additional mandatory requirements by regulations made under subsection (2).
36.Subsection (4) defines a “relevant offence” as an offence under the Act, the Fireworks Act 2003 (or regulations made under it), the Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), the Explosives Substances Act 1883 or the Explosives Act 1875 (which, together, form the main body of fireworks legislation), or certain fire-related offences, as well as any other offence where the misuse of fire, fireworks or pyrotechnics articles has been a significant factor.
Section 8—Fireworks training course
37.Section 8 enables the Scottish Ministers to, by regulations, make provision in relation to the fireworks training course that an applicant must complete before applying for a fireworks licence (see subsection (1)). The course is to be about the safe, lawful and appropriate use of fireworks. The regulations may include, among other things, provision relating to the content of the course, the minimum criteria for successful completion of the course, and provide for the accreditation of courses or training providers by the Scottish Ministers (see subsection (2)).
38.In addition, training providers must have regard to any guidance issued by the Scottish Ministers (see subsection (3)) and any such guidance must be published (see subsection (4)).
Section 9—Grant of fireworks licence
39.Section 9 sets out the criteria that must be met before the Scottish Ministers may grant a fireworks licence. One criterion is that the Scottish Ministers must be satisfied that the applicant can be permitted to possess and use fireworks safely, lawfully and appropriately.
Section 10—Fireworks licence: conditions and further provision
40.All fireworks licences are subject to the conditions listed in section 10(1). The Scottish Ministers may, by regulations, make provision for any additional conditions that must, or optional conditions that may, be attached to a fireworks licence (see subsections (2) and (4)(d)).
41.In addition, the Scottish Ministers may make regulations under subsection (4) determining the form and content of licences, duration of licences and the changes in circumstances that licensed persons must notify the Scottish Ministers of.
Section 11—Register of fireworks licence applications and licensed persons
42.Section 11 requires the Scottish Ministers to establish and maintain a register with details of all fireworks licence applications and all persons who have a fireworks licence. The details to be held on the register may be provided for by regulations made under subsection (2).
Section 12—Revocation of fireworks licence
43.Section 12 enables the Scottish Ministers to revoke a person’s fireworks licence if that person breaches a licence condition or is convicted of a “
44.The ability of the Scottish Ministers to revoke a licence where a person is convicted of a relevant offence enables the Scottish Ministers to revoke a licence where the court has chosen not to cancel the licence. That may arise in circumstances where the Scottish Ministers have a wider range of information available than the convicting court did and conclude that the person cannot possess and use fireworks safely and appropriately. It also enables the Scottish Ministers to require the surrender of a convicted person’s licence and any fireworks in their possession where the convicting court did not do so. This is achieved by means of giving a notice of revocation (albeit the licence has already ceased to have effect due to its cancellation by the convicting court).
Section 13—Notification of convictions and cancellation of fireworks licence
45.Section 13 allows a court to cancel a person’s fireworks licence if the person is convicted of a relevant offence (as defined in section 7(4)) (see subsection (2)). The court must inform the Scottish Ministers of the cancellation and may make an order for forfeiture of any fireworks in that person’s possession. In addition, if the court does not cancel a person’s fireworks licence but the person has been convicted of a “relevant offence”, the court must inform the Scottish Ministers of the conviction to allow them to note that on the register and consider instigating the revocation process under section 12.
Section 14—Appeals
46.Section 14 enables a person to appeal to the sheriff against a decision of the Scottish Ministers relating to a refusal to grant a fireworks licence, a decision to attach an optional condition to the person’s fireworks licence, or the revocation of a person’s fireworks licence (see subsection (1)). Where the person resides in Scotland, the appeal must be made to a sheriff of the sheriffdom in which the person resides. In all other cases, the appeal must be made to a sheriff at Edinburgh sheriff court (see subsection (7)).
