Part 2Fireworks licensing

Fireworks licensing

I14Requirement to have fireworks licence

1

It is an offence for a person, without reasonable excuse, to purchase, acquire, possess or use a firework to which this Part applies without having a fireworks licence.

2

A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

3

It is not an offence under subsection (1) for a non-natural person to purchase, acquire, possess or use a firework without having a fireworks licence if such purchase, acquisition, possession or use is done on its behalf by a person who has a fireworks licence.

4

This section is subject to section 38 and schedule 1 (exemptions).

Annotations:
Commencement Information
I1

S. 4 not in force at Royal Assent, see s. 56(2)

I25Supply of fireworks to unlicensed persons

1

It is an offence for a person, without reasonable excuse, to supply a firework to which this Part applies to a person who does not have a fireworks licence.

2

A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

3

It is a defence for a person charged with an offence under subsection (1) to show that the person took reasonable steps to establish that the person to whom the firework was supplied had a fireworks licence or was exempt under schedule 1.

4

It is the duty of each local weights and measures authority to enforce this section in its area in so far as it relates to the supply of fireworks by a person in the course of business.

5

In this section, “supply” of a firework includes—

a

selling it,

b

exchanging it for a consideration other than money,

c

giving it as a prize or otherwise making a gift of it,

d

otherwise making the firework available.

6

This section is subject to section 38 and schedule 1 (exemptions).