Explosives and fireworks

Any business planning to store more than 5kg Net Explosive Quantity (NEQ) of explosives - including fireworks, gunpowder, safety cartridges or detonators (including air bag detonators) - is required by law to have a current explosives registration or licence. The Manufacture and Storage of Explosives Regulations 2005 and the Fireworks Act 2004 make major changes to the way explosives must be sold and stored. Changes include:

• The licence or registration is now granted to a person or company rather than the site of the store.
• The quantities allowed to be stored are no longer referred to by the gross weight of the explosives, but by their Net Explosive Quantity (NEQ). As a rough guide, the NEQ in fireworks is approximately one quarter of the gross weight. For other explosives, please check with your supplier. The amount of explosives that can be stored is dependant on the Hazard Type and the quantities of explosives stored.
• If you are storing more than 250kg NEQ of explosives you will need a licence from either the local licensing authority (Shropshire County Council) or the Health and Safety Executive (HSE).
• Local licensing authorities can now refuse or revoke a licence or registration.
• The amount of fireworks that can be stored on the shop floor depends on the sales area of the property.

Before you can purchase explosives (including fireworks) from your supplier, you will normally be required to be registered or licensed. There is link at the foot of the page for detailed advice from the Trading Standards website on how to decide if you require a registration and licence. It will depend on the quantity stored and the hazard type of the explosives.

Once you decide if a registration and licence are needed, you can use the links at the foot of this page to access downloadable registration and licensing application forms. The fees are:

• Annual renewal of registration - £36.
• New registration - £72.
• Annual renewal of licence - £77.
• New licence - £120.

Risk assessment
The Manufacture and Storage of Explosives Regulations 2005 place emphasis on the need to carry out a risk assessment posed by the storing of explosives on your premises. You must record your findings if you have five or more employees although it may be advisable to keep such a record if you employ less than five people. Risk assessment is a simple matter of carrying out a check to ensure you have adequate control measures in place to prevent a fire and to minimise the spread of fire should an outbreak occur. The following are examples of some common sense measures you should be taking:

• Exclude sources of ignition and prohibit smoking near explosives.
• Store explosives away from other flammable or combustible materials.
• Restrict access to explosives.
• Keep explosives in their transport containers.
• Keep exits and escape routes clear.
• Use suitable storage and display cabinets.
• Restrict entry into the store.

The Health and Safety Executive has produced a check list for people who sell fireworks. It helps people carry out a risk assessment and plan what actions they need to take to protect the safety of staff and customers. There are links at the foot of the page to:

• HSE Fireworks in shops - retailers risk assessment checklist
• HSE leaflet - storing and selling fireworks safely

Explosives and fireworks must be stored in appropriate containers. It is no longer permissible to store fireworks in containers such as metal dustbins. It is preferable to keep explosives in a storage space that can be used exclusively for that purpose. A fire involving explosives is likely to spread very quickly as burning projectiles are likely to be thrown around. Where explosives are stored with quantities of flammable or combustible materials, storage arrangements must be sufficient to stop the spread of fire. There is link at the foot of the page for more information on safe methods of storage.

When can fireworks be sold - The Fireworks Regulations 2004
The Fireworks Regulations 2004 place the following responsibilities on retailers. A licence is required to sell fireworks all year round. This licence costs £500 and is issued by the County Council.
Without this licence you can only sell fireworks at the following times:

1. On the first day of Chinese New Year and the three days preceding it.
2. On the first day of Diwali and the three days preceding it.
3. During the period beginning 15 October and ending 10 November.
4. During the period beginning 26 December and ending on the 31 December.

There is a link on this page to download an all year round sales licence application form. This licence costs £500.

Legal requirements for the sale of fireworks

• It is illegal to sell fireworks to anyone under the age of 18. The only exceptions are party poppers, cracker snaps, caps, serpents or novelty matches where the minimum age is 16.
• All packets of sparklers must be labelled with the following statement – “Warning: not to be given to children under 5 years of age”.
• Fireworks pre-packed in a selection box or pack must not be split up and sold individually.
• All fireworks sold for use by the general public must comply with British Standard 7114. Do not stock fireworks unless they are marked “Complies with BS 7114: Part 2 1988" (or for packs “Contents comply with BS 7114: Part 2 1988").
• Fireworks cannot be sold in the street or in any public place.
• The name and address of the manufacturer must not be removed from the packaging of the fireworks.
• A poster should be provided by your supplier which states that it is illegal for persons under the age of 18 to possess fireworks. This must be displayed in clear view of the buying public.
• It is now illegal to supply a firework which has a decibel level of over 120 dB A-Imax.
• If you sell in excess of 50kg gross to any one purchaser, a record must be kept of the name and address of the purchaser and the weight of the consignment.

Fireworks that must not be supplied to the general public

• Both small and large bangers including batteries such as 'Chinese Crackers' and combinations containing any type of banger (These larger bangers are those designed for outdoor use in large open spaces and are classified as Category 3 fireworks).
• Mini-rockets or Air Bombs.
• Category 4 fireworks - these are professional fireworks and are not intended for sale to the general public.
• Aerial maroons, aerial shells, shell-in-mortars and maroon-in-mortars.
• Any firework with erratic flight, for example squibs, jumping crackers and helicopters.
• Any firework which has a decibel level of over 120 dB A-Imax.

Preventing underage sales of fireworks

• A notice must be displayed in a prominent position, stating -“It is illegal to sell adult fireworks to anyone under the age of eighteen. It is illegal for anyone under the age of eighteen to possess adult fireworks in a public place”.
• This notice must be at least 400mm x 300mm with letters at least 16mm high.
• It is difficult to assess the age of young people. Train staff to request proof of age from customers who appear under 21. Only continue with the sale if they prove that they are at least 18.
• Be aware of “novelty” id cards. Only accept documentation containing a photo, and proof of age cards that contain a “PASS” logo, such as ValidateUK, Citizencard, Connexions card or Prove It card.
• Exercise your right to refuse sales if you suspect that a young person is underage, or that fireworks will be misused.
• Record all requests for proof of age and monitor that all staff are doing so.
• In accordance with Government guidelines, Shropshire County Council Trading Standards Service uses underage volunteers to attempt to purchase fireworks and other age restricted products.

For further information or if you have any queries, please contact us.