Contact:
  • Licensing Team
  • Address:
    9-10 Bath Street Bath BA1 1SN
  • E-mail:
    licensing@bathnes.gov.uk
  • Telephone:
    01225 477531
  • Fax:
    01225 477596
  • Minicom:
    01225 477647
  • Page Updated:
    22/12/2009
  • Author:
    Lorna McCardle
A to Z Index

Licence - Fireworks

Registration and Licence

 
Storage Advice
1  Introduction

Fireworks contain explosives and must be stored safely and securely. Anyone wishing to store explosives must either register with the Council or, for larger quantities obtain a licence.

Most small retailers will find that the registration provisions are sufficient for the level of stock that they keep. You must also be aware that regulations affect what types of fireworks you can sell, their labelling and what notices you must display.

2  Storage regulations

The Manufacture and Storage of Explosives Regulations 2005 (MSER) replaced most of the Explosives Act 1875. Registration is now granted to a person (or company) and not to the site. You must not store any fireworks until you have been granted registration and the Council can now refuse to register you if it considers you to be an unfit person or if it considers the proposed storage site is unsuitable.

3  Restrictions on when you can sell adult fireworks

You are only permitted to supply or expose for supply adult fireworks at the following times of year:

  • From 15 October to 10 November
  • From 26 to 31 December
  • The first day of the Chinese New Year and the three days immediately preceding it
  • The day of Diwali and the three days immediately preceding it

If you wish to supply them at any other times a separate £500 licence is required.

4  Explosives classification and Net Explosive Quantity (NEQ)

The majority of fireworks that retailers will stock are classified as Hazard Type 4 (HT4) explosives. Some larger fireworks may be more dangerous and be classified Hazard Type 3 (HT3). It is important to know which type you have as the quantities permitted to be stored depend on the Hazard Type so check with your supplier if you are unsure.

The maximum quantities in the Regulations now refer to Net Explosive Quantity (NEQ). This is the quantity of explosive contained within the fireworks and not the gross weight. The NEQ quantities may be indicated on the outer packaging of fireworks or your suppliers may provide the information. If the NEQ weight is not available it is presumed to be one quarter (25%) of the gross weight of the fireworks.

5  What quantities can I store when I am registered?

The total amount permitted (NEQ) to be stored at the premise is:

  • Up to 250kg (just under 40 stone) of Hazard Type 4
  • Up to 100kg of a combination of Hazard Type 3 and 4
  • Up to 100kg of Hazard Type 3

Stock may be held in a storage area and in the sales area. The amount that may be stored in the sales area depends on how big that area is. For example a small shop with a sales area up to 20 square metres can store up to 12.5kg NEQ / 50kg gross (just under 8 stone) of fireworks in the shop front area.

Shops having a larger sales area can store more but individual display cabinets must hold no more than 12.5kg NEQ / 50kg gross.

If more than 250kg (NEQ) is to be stored stricter conditions apply and a licence will be needed.

6  Are there any exemptions to registration?

Registration is not required for the storage of up to:

  • 5kg (NEQ) / 20kg gross of fireworks; or
  • 100kg (NEQ) / 400kg gross fireworks of hazard type 3 provided that they are stored for no longer than 3 days in their place of intended use; or
  • 50kg (NEQ) / 200kg gross fireworks of hazard type 4 provided that they are stored for no longer than 21 days and are not for sale or for use at work.

Note that even if you are exempt from registration you must still comply with the safety requirements in the regulations concerning fire prevention and control.

7  What are the safety requirements in the regulations?

You must take appropriate measures to:

  • Prevent fire or explosion and protect persons from the effects of fire or explosion;
  • Limit the extent of fire or explosion including measures to prevent the spreading of fires and the communication of explosives from one location to another;
  • Also, no person who stores explosives shall permit a person under the age of 18 to work in that storage area except under appropriate supervision.
8  How should I store fireworks in the shop sales area?
  • Do not allow smoking anywhere where fireworks are stored or sold.
  • Store them in a display case or storage cupboard or cabinet. These must be designed to protect against sparks or other sources of ignition.
  • Lights or electrical fittings in display cabinets/cases must be disconnected.
  • Do not store any other goods with fireworks.
  • Keep the display cabinets/cases in a designated area where no unauthorised person could access them and well away from sources of ignition such as heaters.
  • Avoid putting glass showcases containing fireworks in your shop window. If you want a window display use empty ‘dummy’ packets.
9  How should I store fireworks kept elsewhere?

Fireworks kept away from the shop floor area are best kept on their own in a store room away from any other goods. Some very large retailers use ISO containers or a structural partition. If this is not possible fire resistant wooden or metal cabinets should be used for the fireworks in the store. Alternatively metal mesh roller cages can be used. However, if the mesh gap is 50mm or larger a fire detection system will be required.

In all cases the key principles are to ensure that:

  • there is fire resisting separation between the store and the sales area (minimum 30 minutes);
  • there are no sources of heat / ignition and there is no smoking;
  • there are no other flammable materials and articles that could quickly catch fire near escape routes;
  • the store, container or cupboard is free from damp;
  • the store, container or cupboard is secure from unauthorised access;
  • fireworks are kept in their closed transport packaging which is only opened when needed.
10  Storage adjoining or in the same building as domestic/sleeping accommodation

If more than 75kg (NEQ) / 300kg gross of Hazard Type 4 are kept in a store within or adjoining, a building containing domestic/sleeping accommodation, suitable steps must be taken to protect residents of those premises in the event of a fire. The following precautions must be taken:

  • a fire detection system must be installed in the shop;
  • the domestic parts of the building must have access/exit routes that are fire-separated from those used for the firework store;
  • there must be suitable fire separation between the firework store and the domestic accommodation; and
  • the store must be closed off and secured from the domestic part of the property in order to prevent unauthorised access and to help prevent accidental introduction of sources of ignition.
11  What happens if I don’t comply with these requirements?

Failure to comply with these Health & Safety requirements could result in goods being seized and prosecution. On conviction the Courts may impose fines of up to £5000.

12  Further information

For an application form please contact the Council’s Licensing Section on 01225 477531or email licensing@bathes.gov.uk.