Licence

Fireworks (Explosives) Storage Licence

Summary

Fireworks contain explosives and must be stored safely and securely.  If you wish to store up to 2,000kg (net explosives content) of fireworks or explosives at a premises you must apply to your local licensing authority for a licence.The licence allows you to store explosives all year.  However please note the sale of fireworks is restricted to the following periods:
  • 15 October to 10 November
  • 26 December to 31 December
  • on the 1st day of the Chinese New Year and the 3 days immediately preceding it
  • on the day of Diwali and the 3 days immediately preceding it.

If you are intending to supply fireworks outside these normal permitted periods you will also need to make a separate application for a licence to comply with the Fireworks Regulations 2004.

 

If you want to store more than 2000kg of explosives you should apply to the Health and Safety Executive for a licence.  Further information on licensing can be found at www.hse.gov.uk/explosives/licensing/how-to-apply.htm.

Fee

Licence to Store Explosives

Fees for a one year licence are as follows:

 

New application fees:

  • £109 - no minimum separation distance
  • £185 - minimum separation distance greater than 0 metres

Renewal fees:

  • £54 - no minimum separation distance
  • £86 - minimum separation distance greater than 0 metres

Paying for more than one year now will reduce the administrative burden on your business and enable you to purchase at the current year's fee rate.  Details of the fees for multiple years can be found on the HSE website at http://www.hse.gov.uk/explosives/licensing/fees.htm.

 

Other fees:

  • £36 - variation
  • £36 - transfer
  • £36 - replacement

Licence to Expose or Supply Fireworks All Year

  • £500 - application fee

 

You may pay in person or over the phone (01225 477531) using a credit or debit card.  

Application Form

An online application form is currently being developed.  In the meantime you can use the following MS Word form from the HSE:

Please send your completed form to licensing@bathnes.gov.uk.

Eligibility Criteria 

  • The proposed site or, within it, any place where the manufacture or storage of explosives is proposed to take place must be suitable for that manufacture or storage; and
  • The applicant must be a fit person to manufacture or store explosives.

Consultation 

On receipt of a valid application we must consult with the Health and Safety Officer before any licence can be issued.

Evaluation

Regulation 20 requires a licensing authority to refuse an application for a licence, or to refuse to issue a draft licence (where an application covered by the assent requirements of the regulations has been made to HSE or ONR) where the licensing authority is of the opinion that:

  • the proposed site or, within it, any place where the manufacture or storage of explosives is proposed to take place is unsuitable for that manufacture or storage; or
  • the applicant is not a fit person to manufacture or store explosives.

The Regulation also makes provision for refusals of renewals, transfers and variations of licences.

Tacit Consent 

Tacit consent does not apply.  It is in the public interest that the authority must process your application before it can be granted.  If you have not heard from the local authority within a reasonable period, please contact licensing@bathnes.gov.uk.

Right of Appeal 

Please contact Licensing Services in the first instance.

Conditions 

Enclosures and containers used to store fireworks must be constructed so as to resist fire for a minimum of 30 minutes.

 

Enclosures and containers used to store fireworks must be kept locked and a robust system must be in place to ensure only authorised persons over the age of 18 can access the fireworks.

 

The areas around firework stores must be kept clear of other flammable or combustible materials.

 

Fireworks which are not on display must be kept in their transportation boxes and resealed when opened.

 

Fireworks stores should not be located on fire exit routes.

 

Suitable fire detection and fighting equipment must be provided as determined by a suitable and sufficient fire risk assessment.

 

Fireworks may only be sold or supplied during the following periods:

 

(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.

 

Robust procedures must be in place to ensure that fireworks are not sold to persons under 18 years of age.

 

Fireworks must be stored in accordance with the conditions listed above and in accordance with the floor plans submitted with the application.

 

Any variations or transfers must be submitted to licensing@bathnes.gov.uk.

Validity/Renewals 

Licences for fireworks and other explosives that do not require an explosive certificate may be granted for up to 5 years as the licensing authority determines.

Guidance 

The Explosives Regulations 2014 came into force on 1 October 2014, and the Approved Code of Practice to the Manufacture and Storage of Explosives Regulations 2005, and the Guide to the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993, have been withdrawn.

 

This guidance now applies.  It is for anyone who has duties under the safety provisions of the Explosives Regulations 2014, particularly employers, private individuals and other people manufacturing explosives, storing larger quantities of explosives or storing explosives that present higher hazards.

 

It provides overarching guidance on how the safety provisions of the Regulations should be met, and is supported and supplemented by subsector guidance.

 

This publication should be read alongside L151 The Explosives Regulations 2014 - Security provisions.

 

What has changed?

 

The main changes to the regulatory framework include:

  • merging registrations into the licensing system
  • allowing local authorities to issue licences up to 5 years, aligning them with equivalent HSE/police-issued licences
  • extending licensing to address storage of ammonium nitrate blasting intermediate (ANBI)
  • exceptions for keeping desensitised explosives without a licence have been updated
  • tables of separation distances have been restructured to better allow for sites with more than one store. The tables have also been revised to cover quantities of explosives greater than 2000kg
  • a revised list of explosives that can be acquired or acquired and kept without an explosives certificate from the police
  • the repeal of the Fireworks Act 1951, as its remaining provisions have been superseded by the Pyrotechnic (Safety) Regulations 2010.

 

Further information can be found at www.hse.gov.uk/explosives/licensing/how-to-apply.htm.

Relevant Legislation 

Customer Complaints 

If you believe a person is storing or selling fireworks without holding a licence, please contact Licensing Services

Further Information 

For further information and guidance please phone Licensing Services on 01225 477531 or email licensing@bathnes.gov.uk.

 

Additional contact details.

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