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National Campaign for Firework Safety
Firework
Seminar
Firework Seminar, RAF Cosford,
February 18 2003
The seminar
entitled "Fireworks - What's Their Future", was hosted by The Midland
Branch of the Institution of Fire Engineers and The Birmingham
Area Fire Protection Association.
Tom Watson, MP for West
Bromwich East was first to speak, on
Public Concerns
I'd like to start by thanking the organisers of this
Conference for giving me the opportunity to speak here today in
particular Steve Rowe and Moss Haden who have done so much to
raise this issue at the highest levels of government.
I've been asked to open up by discussing the concerns of
the public. And that's exactly what they are- genuine public
concerns about fireworks being a nuisance and being misused. I
am going to lend heavily on the views of my constituents in West
Bromwich when I outline some of the changes I would like to see
in legislation.
There is no doubt that we live in a more
insecure world. The downside of globalisation leaves many people
insecure in the workplace. The post-cold war rumblings we see all
too vividly today, have left people more worried about the
relationship between nation states. Anti-social behaviour and
petty crime have left people more insecure in their homes and
communities. We're all more insecure.
It leaves us all
in a dilemma when it comes to sketching out public policy.
The debate we are having about fireworks today is not
unique. It mirrors others we are having in West Bromwich be it
ID cards, air guns and truancy to name but a few. It is part of
the rights and responsibilities debate started by the PM nearly
eight years ago.
If it was down to my constituents I tell
you where they would like government policy to fall on the rights
and responsibilities spectrum. They would call for a moratorium
on new rights until we have clearly played "catch up" with
people living up to their responsibilities.
Well why have
I opened up with this piece of new-labouresque social analysis
at a conference on fireworks? Well it's because - and I am aiming
my comments at the industry representatives when I say this - if
we do not act swiftly to regulate and enforce controls on
fireworks then the misuse will increase, injuries will keep
growing and the public, stretched to breaking point will call for
an all out ban on fireworks.
But let me make it
absolutely clear at the outset that I'm not anti-fireworks. I am
certainly not calling for a total ban, and I don't think most
people would like to see such a ban at the moment.
One
of my constituents, a Mrs McCormack, expressed a common view- and
one which I agree with: "I am not a killjoy and I don't want
bonfire night banned altogether, but I feel there should be some
restrictions on the type of fireworks available for garden use
and a time limit of up to 9pm at night for legally setting them
off. I cannot imagine how some elderly people cope during this
time."
Nor is this a battle against the fireworks
industry or people enjoying themselves. Far from it, the
Government must continue to work closely with the industry,
trading standards, local authorities, fireworks safety groups and
all the other organisations represented today.
The UK
fireworks industry has always put safety first- working with the
DTI on advertising campaigns in October and November.
Last autumn's national safety campaign was particularly
hard-hitting. It's slogan, 'fool with fireworks and bang goes
your image' rightly highlighted the injuries teenagers have
suffered from fireworks misuse.
And it's a credit to the
industry that, since the beginning of the year, there has been
a voluntary ban on the sale of air bombs. These cheap 'pocket
money' fireworks caused up to a fifth of all fireworks accidents
last year.
And I hope that, after consultation,
regulations could be introduced so that this ban could be
enforced in law under the 1987 Consumer Protection Act. After
all, much of the current legislation covering fireworks started
off as voluntary initiatives from the industry itself.
So
we all want to enjoy fireworks safely.
Fireworks on
bonfire night are an integral part of life for millions of people
in this country. And fireworks are now often seen at weddings and
New Year's Eve celebrations, and at religious or other cultural
celebrations.
In my own constituency in West Bromwich,
I've seen fireworks used to great effect during the Diwali
celebrations, or on public holidays like last year's Golden
Jubilee. And Sandwell Council's organised fireworks displays each
November are some of the best I've ever seen.
On all
these occasions, the vast majority of fireworks are let off
safely and with the utmost consideration for residents of the
local community. Used in this way, watching fireworks can be a
safe and rewarding experience- enjoyable for everyone.
But as we all know there's a flip-side to this coin.
Firework misuse has become a real problem in many areas,
not least in the West Midlands and West Bromwich.
The
number of people injured by fireworks has increased.
In
2001, there was a 40% rise in the number of casualties caused
by fireworks.
Statistics from the Department of Trade and
Industry show that the total number of people hurt during the
bonfire celebrations that year topped 1,362.
The number
of injuries among young teenagers rose by more than 50 per cent
last year to 787 - the biggest increase for at least seven years.
My post bag is full of letters, and my inbox full of
e-mails, from constituents who are sick and tired of the misery
caused by anti-social misuse of fireworks.
The abuse of
fireworks results in anti-social behaviour, criminal damage and,
as police in Oldham, Manchester and Bradford and have found,
their conversion into weapons.
And the noise pollution
they cause is not the occasional and tolerable inconvenience that
it once was, but an ever-increasing source of fear and anxiety,
especially to vulnerable people in society.
Such distress
is not just confined to people but extends to domestic pets- some
of which have had to be put down as a result- as well as farm
animals and wildlife.
Many animal lovers and
organisations like the RSPCA and COFFAW the Control of Fireworks
for Animal Welfare campaign want to see tighter restrictions.
The Guide Dogs for the Blind Association says that each
year three guide dogs are spooked by fireworks to the extent that
they have to actually be retired and hundreds of dogs have to be
sedated.
In communities like mine, people and pets alike
are subjected to night after night of disruption by the
continuous use of loud fireworks. One constituent of mine even
compared it to living in a battlefield.
A Mrs Forrester
said: "Many people here in Wednesbury, especially pensioners,
are frustrated by the continual sale of firework bangers, which
are like bombs going off. Many of the people with dogs and cats
are reduced to nervous wrecks."
"Four nights after the
so called bonfire night, on November 9th, as most of us were
settling down to watch our favourite programmes on television,
the only pleasure most of us have, the bangers started again,
continually till after 11pm."
Another constituent, Mr
Phillips, the owner of the Martin's of Wednesbury fish and chip
shop, recently wrote: "Talking to my customers and your voters
the general feeling is that people are fed up with loud bangs
going off day and night, from the beginning of October to the New
Year. Yobs are using fireworks in a dangerous manner which is
inflicting suffering on both humans and animals."
He
goes on to support the clamp down on the dangerous misuse of
fireworks which a growing number of my colleagues in Parliament
are now involved in.
He then adds: "I dare say some
people would say that this is the nanny state taking away civil
liberties again. But if the loss of some liberty means not
getting a rocket hit at me then I can put up with that."
I'm sure everyone here will have sympathy with my local
chippy - just one out of some 2,000 local residents who have
signed my campaign petition calling for tougher regulations on
how, when and to whom we sell fireworks.
This formed part
of a 250,000 signature petition which some 40 MPs delivered to
Downing Street last October. And the support has continued to
flood in.
Now it seems that the Government is beginning
to listen. They've recognised that there is a real problem and
that we need to take action.
In October a package of
measures was announced by the Trade & Industry Minister
Melanie Johnson.
As well as the voluntary ban on air
bombs, there will be
· a crackdown on illegal markets in
fireworks with improved co-ordination of intelligence between
Customs & Excise, the Health & Safety Executive and
Trading Standards Departments; I look forward to hearing your
practical solutions to how we achieve this.
· a new drive
to encourage local councils to use their powers to curb the
problem of noise and nuisance caused by fireworks;
· and
a pilot scheme of fixed penalty notices of £40 in four areas for
over 18s caught throwing fireworks in the street. I will be
watching closely to see how well these pilots have worked- and
if they can be extended to other parts of the country, including
my own borough of Sandwell.
But more significantly, the
Government gave its backing to a Private Member's Bill published
by my backbench colleague Bill Tynan last week. This means that
there will be legislation on fireworks passed this year. The
views and ideas you express here today will be fed into the
policy making process. I want to make sure that your practical
ideas and experiences are reflected in the new legislation.
Much of the Control of Fireworks Bill addresses the
problems that have been caused by current legislation.
In
many shops, fireworks would only be sold for three weeks around
November 5th.
I'm sure that ten years ago, fireworks were
let off for a couple of weeks either side of bonfire night and
maybe on New Year's Eve.
As a Mrs Heath from Warley
wrote, "The fireworks this year have been horrendous. They are
being let off weeks before bonfire night and continue until
weeks, or moths, after. It has now gone beyond all reason."
Last year, though, I heard my first firework in July. For
months before and after bonfire night, the inner cities are alive
with the sound of fireworks.
I've even heard fireworks
being let off during the daytime. You can't even see the
explosion when it's daylight, but yet people still let fireworks
off.
Sales would be restricted to packs costing at least
£10. Fireworks are not toys. And this move would help to stop
teenagers from using them as such, by making them less
affordable.
At the moment, it is possible to walk into
a shop and buy single, high-powered fireworks. Such fireworks are
only ever going to be let off on their own, and not as part of
an organised display.
It's right that fireworks, and
particularly the biggest fireworks on sale, should only be
available to buy as part of a variety pack.
A minimum
price would act as a disincentive to anyone who might want to buy
a pack simply to get their hands on one of the more powerful
fireworks.
The Bill would also make the noisiest
fireworks illegal and ban the use of fireworks late at night,
addressing the concerns of many in my constituency.
I
don't think it's particularly unfair to limit the acceptable
level of noise that a firework makes.
Some modern
fireworks are incredibly loud, and sound like a military
explosion. For many pensioners sitting alone in their houses, and
for the millions of pet-owners in this country, such loud noises
merely cause unnecessary anguish.
I can honestly say that
in late September of 2001 I thought the House of Commons was
under attack when a particularly loud impromptu display of
fireworks began south of the River Thames.
The Bill would
impose stricter rules on the training of people who give
professional displays.
And people wanting fireworks for
festivals such as New Year's Eve or weddings will have to go to
a retailer with a higher licence. But as well as this we need
to make the existing system work better and enforce existing
legislation much better. We've all seen groups of kids messing
about with fireworks, despite the fact that they're not old
enough to buy them.
And at the moment, for just £13.20,
anyone in this room can buy an annual licence to store fireworks.
Your local authority would not be able to refuse your
application, and nor could they revoke it once it had been
issued.
Neither could your local Fire Authority. Does
this sound right? It certainly doesn't to me.
And
that's assuming you actually abide by the law and get yourself
a license. Every year, thousands of fireworks are illegally
brought into this country, and stored in unsuitable, unlicensed
premises.
In fact, I was amazed to find that around
9% of fireworks which come into this country have no official
records. No-one knows where they've come from. So we do need more
resources for trading standards, customs and health and safety
to deal with this.
And we need a system which allows the
authorities to monitor the progress of fireworks right from their
place of origin to the point of sale.
Beyond the Bill I
would like to see more cross-department collaboration in dealing
with fireworks.
If insurance companies were to work with
hospitals, we could get a much better idea of exactly how many
people are injured every year in firework-related accidents.
Similarly, the police and the fire service could merge
their data to produce more accurate figures of exactly how much
property damage is caused by fireworks.
I also think it
would be a good idea for the emergency services to do more work
with schoolchildren to explain exactly what problems arise from
firework misuse.
Some of these kids know what the risks
are, but others genuinely seem to think it's all harmless fun.
If community liaison projects were used to show them exactly how
damaging fireworks can be, then maybe we'd see a decline in this
kind of behaviour.
New legislation and tighter
enforcement of exiting law is also the way forward. In this day
and age, it's not enough to assume that common sense alone will
deter people from setting fireworks off when it's broad daylight,
because there's always some idiot that does!
There are
people who think that letting off fireworks all over the place,
or letting off great big air-bombs is all just harmless fun, but
I'd disagree.
I know that I might sound like I've got a
bee in my bonnet about this, but that's because I have.
Certainly in my constituency, and in many other parts of
the country, there's a real feeling of dissatisfaction with the
way in which firework misuse has gone from being relatively rare,
to being a familiar part of life.
It's not just the
elderly or pet-owners who are concerned.
There are whole
communities in West Bromwich who are sick and tired of getting
home from work only to be kept awake by absurdly loud fireworks,
night after night, week after week throughout the winter months.
And it's not in anyone's interests for this to continue,
nor for fireworks themselves to get a bad name. That would only
strengthen the case of those who argue for a complete ban.
So these are the public concerns and the response from
a backbench constituency MP.
Today's Conference
symbolises the approach we need- safety campaigners, the fire
service and trading standards working together with the industry
and retailers and councils
Working together to make
fireworks as safe and enjoyable as we all want them to be.
(Tom Watson has spoke on several occasions regarding
fireworks. They can be seen on www.tomatwestbrom.com)
Chris Case, Station Commander, Merseyside Fire Service
was next to
speak. His subject
Enforcement - Joint Operations 'Good
Guy' Responsible with Fireworks
Background Increasing misuse and abuse of fireworks in
Merseyside
Increasing number of complaints to Merseyside
Police, local Councillors and local Members of Parliament
relating to noise, social disturbances and abuse of
fireworks.
Considerable affect on the ability of each
service (Fire, Police, Trading standards) to respond to
calls.
Attacks on fire crews increasing as well as the use
of fireworks in arson (Letterboxes, post-boxes
etc)
Merseyside Police, Merseyside Fire Service and Local
Authority Trading Standards therefore decided to work
together.
The three partners jointly developed operational
strategies and a publicity campaign.
Key Messages to primary
target audiences identified
Firework Retailers We would encourage you to adhere
to a voluntary Code of Practice limiting sale of fireworks
between the periods, 15 October and 6 November for Guy Fawkes
celebrations and 9 to 31 December for Christmas and New Year
celebrations.
The scheme will be closely monitored and
participation in the scheme will help retailers in future
applications to sell and store fireworks.
Local businesses
who participate will benefit from local newspaper
advertising
Merseyside Fire Service, Trading Standards and
Merseyside Police will not accept the sale of fireworks to under
1 8s.
Young people Irresponsible behaviour can lead to members of the public,
particularly the elderly, feeling intimidated. Fireworks will
not be sold to under 18s. Fireworks are dangerous to you and
to others You will be prosecuted if you break the law in
relation to fireworks
Firework purchasers & the Local
community The partner agencies are committed to improving the
quality of life of people in Merseyside.
The partner
agencies have listened to the concerns of the communities they
serve and are committed to working together to reduce the number
of incidents involving fireworks.
There are a number of
Responsible Retailers' where you can buy your fireworks from -
look out for the posters and adverts in your local
press.
Shops in the Good Guy Responsible Retailer Scheme
will only be selling fireworks to over 1 8s, leading to decreased
nuisance, anti-social behaviour and accidents.
The support
of parents, schools, key opinion formers, community groups and
the media in the voluntary responsible retailer' scheme is vital
to ensure a long term impact on seasonal disorder and the misuse
of fireworks on Merseyside.
Only a small number of young
people are responsible for disorder and the misuse of
fireworks.
Police will act swiftly and take firm action
against those whose behaviour reduces the quality of life for the
people of Merseyside.
Internal audiences in partner
agencies Demonstrating organisational commitment to relieving the
pressure on staff during this increase in seasonal
disturbance.
Other target audiences were identified
as:
Secondary audiences: Parents Local Neighbourhoods Residents
groups Councillors/MPs Youth groups Merseyside Police
Authority Merseyside Fire Authority Home
Office
Summary of Tactics for the "Good Guy" Initiative
that were implemented Developed a brand style and communication strategy
involving all aspects of marketing and media for all the
partners. All communication materials produced in same design
style to ensure a consistency scheme to be named Good Guy -
responsible with fireworks". These materials will display the
three logos of Merseyside Fire Service, the joint Local
Authorities' Trading Standards group and Merseyside
Police.
Encourage retailers to be 'Good Guys" and
voluntarily restrict the sale of fireworks to defined periods (15
October to 6 November and 9 to 31 December) and to rigidly comply
with age restrictions.
All stores registered (Merseyside
Fire and Civil Defence Authority) to store and sell fireworks
advised of the need to re-register and informed of the Good Guy
Scheme.
Merseyside Fire Service to inspect all stores
applying for registration. Joint operation to deliver "Good
Guy Responsible with Fireworks" retailer packs
Neighbourhood.
Police Officers and Trading Standards
Officers from each local authority. The packs
contained information on the scheme, storage and sale of
fireworks, as well as posters for display in their premises,
to explain to customers the nature of the scheme.
Remind
traders that when renewing registration for 2003, vendors will
need to illustrate that they are 'responsible retailers'
before a licence from the Merseyside Fire Service will be
granted.
Purchase advertising space from local printed
media to promote the responsible retailers that have signed
up to the scheme in local newspapers, encouraging firework
purchasers to "Buy from a Good Guy," supported by radio
advertising.
Undertake an awareness campaign in local
schools to reinforce the messages of the campaign. A direct
mailing to Headteachers of secondary schools was sent out
requesting that they display posters warning of the
consequences of messing about with fireworks (the police action
that will be taken against them if they are
caught).
School visits to schools in the problem areas
reinforcing the poster campaign by local Neighbourhood Police
Officers, Fire service and Trading Standards Officers. Assisted
by a school tour held in partnership with local radio station
(Radio City 96.7) to ensure the messages were credible and
delivered in an entertaining way that appeals to the target
audience.
Follow up school tour, with a text message from
Radio City DJ (Louis Hurst) to all those who provided their
mobile phone details at the school tour
events.
Attendances with Good Guy stall at Merseyside
Police Open Day displayed firework safety material
and encourage the community to buy from the good
guys.
Monitoring of retailers operating the scheme via the
number of recorded incidents. After local incidents,
the scheme was be reinforced by an inspection from one of the
partners.
Promote crimestoppers as mechanism to give information on the illegal sale of
fireworks in local communities.
Joint operations to
seize fireworks being sold illegally.
Outcomes of the
Initiative Reassured the communities across Merseyside that the
partner agencies are working together to reduce the number
of incidents involving fireworks
Encouraged communities
to purchase fireworks from responsible retailers.
Helped
develop relationships between the partner agencies, which will
now be built upon in future operational activity from each of
the three partners, both at a county and neighbourhood
level.
Encouraged local Police officers/Fire officers and
Trading Standards officers to develop and build relationships
with local traders.
Over £10,000 worth of illegal
fireworks taken off the streets of Merseyside
10 Joint
seizure high-profile operations against illegal
traders
Youth Disorder reductions of 14% across
Merseyside
Small Fires Reductions of 22.5% across
Merseyside
Early indications from Accident & Emergency
Departments is that injuries were reduced in the target
areas.
Area
Retailers Visited
Refusal to Sign-Up
Youth Disorder Merseyside Total
77%
34%
-14% St. Helens
98%
7%
-27% Sefton
71%
23%
-28% Knowsley
98%
29%
-10% Wirral
82%
9%
-24% Liverpool
69%
60%
-4%
A
Review from a Policing Perspective 2002 campaign delivered and paid
for out of Merseyside Police Budget, cost £25,000, included all
advertising and production of materials as well as school tour.
Trading Standards currently seeking monies to run campaign next
year, as Merseyside Police cannot afford to finance
alone.
Most visits to stores, paid for out of existing
budgets by varying shifts, and linking operation into other local
high visibility policing activity at that time of year. Although
each policing area (of which there are six) were given £5,000 to
top up fund for the operation.
10 good items of
intelligence gained through Crimestoppers, which led to seizures
of fireworks -positive results.
A Review from a Fire Service
Perspective The scheme was managed by Petroleum and Explosives Section
under the guidance of ADO Egger and ADO Case. The delivery was
split by:
Community Fire Safety Officers - Delivering
visits to all Primary Schools in the Merseyside Area as Radio
City covered Secondary schools.
Petroleum and Explosives
Section - Managed the visits to larger stores and investigated
any complaints or intelligence reports from the Partners or
Public
Fire Safety Flexi-Duty Officers Holding HSAW Sect
19 provided out of hours investigation and
response
Operational Crews carried out storage inspections
on all registered stores in Merseyside under management of
Station Commanders
Resources were managed within existing
budgets and roles.
The scheme saw a reduction in attacks
on crews from fireworks, fast response from the Police to
incidents where unrest was present and a reduction in small fires
in all areas.
Good Guy 2003 Start Campaign earlier to allow areas that
struggled to visit all premises, more opportunity to do
so.
Merseyside Police considering the use of local
taxi-drivers (who are often a target for youths misusing
fireworks on Merseyside) to be the eyes and ears on the street.
Introducing a dedicated taxi-hotline for them to call into giving
direct access to Merseyside Police Control room to direct
dedicated teams to these incidents.
More training to
Police Officers, of what they can do when they find somebody
misusing and abusing fireworks as well as what to look out
for.
Fire Service to increase training for all agencies
and implement fireworks more closely into existing Community Fire
Safety initiatives
Fire Service considering running
firework and bonfire safety courses for the
public.
Chris Raymond, Health and Safety Executive, was next to speak on the
Manufacture, Storage
Explosives Regulations (MSER).
The
purpose of the Explosives Safety Policy Section is the
development of policy advice on the safe manufacture and storage
of explosives, including fireworks.
They also have policy
responsibility for some aspects relating to the security of
explosives.
I aim to give brief overview of the proposed
new regulations; including why we think they are needed, where
we are with the draft proposals, the main changes that are likely
to be of most relevance to duty holders and regulators in
relation to storage of fireworks, and, the next steps with the
proposals.
The Explosives Act has been around for 128
years. It has lasted well but, it has been much overwritten
(over 40 subsidiary pieces of legislation). This means law
is complex for both duty holders and regulators - e.g. to find
out what quantity of fireworks can be kept without a licence
involves consulting 4 separate Orders-in-Council. The key aim of
the new regulations is to reduce the volume of legislation and
make it easier to understand.
We have also taken
opportunity to update the legislation and supporting guidance to
take account of the very significant developments in technology
and in health and safety law since 1875 (e.g. electricity not in
universal use, major changes in explosives and industry, move to
goal setting, and risk based health and safety
regulation.
The key starting point is to say that the
proposals retain fundamental aspects of the existing legislation,
and in particular, a licensing and registration regime for those
who manufacture or store explosives (this was a very clear
message from consultees).
Many of the detailed
requirements in the EA75 are carried forward into the ACOP and
Guidance document which will support the new
regulations.
But there will be some changes, and looking
at those most relevant to fireworks, these
are,
Introduction of powers to allow local licensing
authorities to refuse or revoke a storage licence or registration
in situations where they consider that the individual applying
for or holding a licence or registration is not a fit person to
store fireworks safely.
It is important to stress that
this power will relate to breaches of licence conditions or,
health and safety legislation. It should not be seen as a
surrogate mechanism to enforce other legislation such as the
Fireworks Safety Regulations. However, licensing authorities
could take into account breaches of such regulations in deciding
whether or not a person was fit to hold a licence.
Refusal
or revocation should not be seen as a replacement for normal
enforcement action (e.g. issue of improvement or prohibition
notices).
The proposals will extend the period local
authority may grant a licence to five years and a registration
to two years. At the same time, it is proposed that local
authority licence/registration fees should reflect the costs
incurred.
HSE's review of explosives legislation included
a review of the separation distance requirements around
explosives stores.
A major issue in relation to storage
of fireworks is the current inconsistency between separation
distance requirements between the local authority and HSE
licenced sectors. For example, at present local authorities are
required to impose the same distances for fireworks as for HE
(when explosive content is compared, rather than gross weight).
The distances required by HSE are significantly less - reflecting
hazard primarily fire/heat radiation rather than blast
overpressure. Proposed separation distance tables reduce
distances for larger quantities of fireworks to align with those
currently used by HSE.
At the same time, the proposed
tables will require for the first time a separation distance for
those keeping smaller quantities of fireworks - i.e. between
200-250 kg nett mass 800 -1000 kg gross). Independent research
commissioned by HSE suggests increase will have limited impact
on most firework retailers.
The existing law allows the
keeping of an unlimited quantity of fireworks of any type for up
to 14 days without the requirement of licence, or to register.
This provision was of great concern to many respondents who saw
it as open to abuse. Proposals will limit quantity to 50 kg nett
mass (200 kg gross) of shop goods fireworks only; fireworks not
for sale or use at work. At same time, the proposal increases the
time limit to 21 days to bring law into line with current
industry distribution practice.
There was strong support
for a proposal prohibiting people selling or transferring more
than 50 kg of fireworks to someone unless they have a licence or
registration - and for that licence or registration document to
be shown to the person selling or transferring the
fireworks.
Once HSE has finished revising proposals, the
package will go to HSC's Advisory Committee on Dangerous
Substances, and then (subject to ASCDS agreement) to Health
and Safety Committee.
The Final draft regulations etc will
then go to Ministers and (subject to Minister's approval) to
Parliament, in the Autumn.
The new regulations would come
into force in early 2004. However, there is some further
discussion to be had about exact timing. HSE are aware of the
need to avoid undue impact on both local authority regulators and
duty holders during the 2004 firework season. HSE is also in
continuing discussions with stakeholders about transitional
arrangements - eg on transitional arrangements for existing
licence holders.
Dr Smith spoke on the subject of Display Operator Training.
John Woodhead, Chairman of
British Fireworks Association, was next to speak. Here are his notes
on
Illegal Storage & Selling and
New Firework Bill
British Fireworks
Association suggestions for Private Members
Bill
1. TRAINING OF FIRE WORK DISPLAY
OPERATORS That training should be a requirement for anyone firing
displays which use fireworks outside the scope of those defined
in the 1997 Firework Regulations as being suitable for consumer
use.
2.
FIREWORK SELLING
PERIODS/LICENSING That serious consideration should be given to creating
a system of licensing for firework retailers which would
restrict normal retailing to a set period around Guy Fawkes Night
and New Years Eve, but that would also create a higher tier
licence, conditional on acceptance of a required code of practise
(staff training, restriction on noisy items, recording of
transactions etc) for those retailers wishing to offer
fireworks for special occasions throughout the
year.
Mail order and Internet outlets would be subject to
the requirements of the higher tier licence which would
have a higher licence fee than the lower
tier.
3.
NOISE
LEVELS To
incorporate in law the proposed maximum noise levels contained
in the forthcoming European Standard i.e. 120 DB
(ALMAX)
4. IMPORT CONTROLS To put in place a requirement for all containers of
fireworks arriving a U.K. ports to be taken directly to licensed
storage premises, and for the authorities at the port
(
Customs &
Excise / Trading Standards ) to
inform the Home Authority of the Consignee (Trading Standards and
/ or Fire Service) of the size and weight of the shipment so that
proper regulatory checks can be made before the fireworks enter
the distribution system.
5. ILLEGAL STORAGE & SELLING Widespread concern about the
increasing number of fireworks being offered for sale illegally
- car boot sales, factory gate, pubs, clubs & open markets
- usually lesser known brands, often part of a doubtful
distribution chain which needs stopping. Straight from docks into
distribution chain without ever going to licensed sites. (Much
relaxed regime since removal of import licenses) i.e. white van,
cash purchase syndrome.
No opportunity for "Home
Authority" Trading Standards Officers to check for regulatory
requirements, indeed it is probable that TSO's are not aware of
the existence of such companies in their area, product itself
isn't necessarily illegal, more often than not it isn't. But
without checking how can an enforcement officer know? There is
no opportunity to sample at retail level as this distribution
chain by-passes the legitimate retailer. Should any of this
product prove to be dangerous, recalls would be virtually
impossible.
Further problems - illegal storage is almost
always dangerous storage - little chance of V.A.T or income tax
be paid.
Why is the legitimate Firework Industry so
angry? Because the people involved in this distribution chain
avoid the hugely expensive licensed storage requirements that the
mainstream companies are saddled with. 4O ft containers going
directly to mode A stores (at best) for redistribution with the
apparent blessing of H & SE. - Legitimate retailers are
being deprived of their livelihood by cut price illegal sales.
- It really has to stop, and Bill Tynan's Private Member's Bill
would seem to be the ideal opportunity.
CODE OF PRACTISE FOR
SPECIALIST RETAILERS Ensure that all staff are trained on legal aspects of
fireworks storage and selling and that they are fully conversant
with the fireworks being offered for sale, particularly noise
content and spectator distance. (Try to avoid selling noisy
fireworks away from 5th November). This will enable them to offer
the following advice to customers.
1. Be sure that the
fireworks are suitable for the proposed firing site. (Fallout
distances ,
etc.).
2.
Point out that too much noise can be anti-social and that in
consideration for others. particularly away from
the Guy Fawkes and New Year periods, they should avoid using the
noisiest fireworks.
3. Always notify your neighbours if
you are going to use fireworks, particularly old people and those
with animals, both domestic and farm.
4.
If the display is large notify the police and fire brigade and,
where appropriate, the coastguard service or air
traffic control if there is a nearby airport.
5. Do not
let off fireworks late at night. It is anti-social. Where hours
of daylight permit do not fire after 10pm at the
latest, earlier if possible. December 31 excepted.
6. Remember it is an offence
to set off fireworks in a public place. 7. Dry summer
weather can create a fire hazard from firework sparks. Be alert
for such danger.
8. Point out to the customer that whilst
fireworks are a great way to celebrate special occasions,
continued inconsiderate behaviour could well lead to
legal restrictions on such events.
Ron Rapley, is Chairman of CII/47, the committee that is responsible
for BS 7114, the standard for fireworks in the UK and is the UK
delegate leader to CEN/TC 212 the committee that is responsible
for the proposed European Standards on Fireworks. His
talk was on
New Firework
Standards
Ron spoke without notes but
left a series of diagrams. The diagrams show how the new
European Standards on fireworks are
progressing.
Group 1 The following parts of EN 14035 - Fireworks (CEN/TC 212)
were approved at Formal Vote (Ratified February 2003). Part
1 Terminology Part 2
Classification Part 4 Banger and banger
batteries Part 15 Fountains Part 19 Hand-held
sparklers Part 23 Non-hand-held sparklers Part
27 Rockets Part 34 Table bombs
Group 2 The following parts of EN 14035
- Fireworks (CEN/TC 212) CEN Enquiry closed. * = comments
reviewed and drafts to go for formal vote. Part 3
Aerial wheels Part 6 Bengal flames Part
7 Bengal matches Part 8 Bengal
sticks Part 22 Mines* Part 24 Novelty
matches Part 28 Roman candles* Part 29
Serpents* Part 36 Wheels*
Group 3 The following parts of EN 14035
- Fireworks (CEN/TC 212). At CEN Enquiry Part 9
Crackling granules Part 10 Double bangers Part
13 Flash Pellets Part 14 Flying squibs Part
16 Friction-ignited flash bangers Part 17 Ground
spinners Part 18 Hand-held fountains Part 20
Jumping crackers Part 32 Snaps Part 35
Throwdowns
Group 4 The following parts of EN 14035 - Fireworks (CEN/TC
212). Approved for launch of CEN Enquiry. Part
21 Jumping ground spinners Part 25 Party poppers Part
26 Percussion caps for use in toys Part 31
Shells-in-mortars Part 33 Spinners Part 37
Whistlers
Group 5 The following parts of EN 14035 - Fireworks (CEN/TC
212). To be redrafted Part 5
Batteries and combinations
Mr Rapley did mention
that the new European standards would replace the BS7114, there
will be a transitional period when both standards will be
operating. He hoped the local authorities will take that
into account when carrying out their
duties.
Martin Guest, of Black Cat Fireworks was last to speak and here are his
notes on
Fireworks
Industry's Current Position.
The
Changing Face of Consumer Fireworks
Companies Old and New, Brand's
Old and New, Associations Old and New, Markets Old and
New The
British Fireworks Industry has changed considerably over the last
10 years, names have come and gone, some new names arriving on
the scene, some names being assimilated into other companies,
some companies changing direction or concentrating on a smaller
range of operation and some simply disappearing.
Markets
have also changed over this time, with new outlets stocking
fireworks who would previously have never considered doing so,
the growth of specialist Firework shops and the traditional
strongholds in Firework Retailing coming under increasing
pressure from the major multiples
Finally the product
range over the last 10 years has undergone changes, brought about
by the industry's voluntary agreements, legislative changes, the
growth of importing versus manufacturing, industry product
initiatives and new quality Standards.
The Companies "Fireworks" magazine is a twice
yearly publication providing fireworks news information, gossip
and opinion. Part of the Magazine is given over to a Directory
of British Firework companies. Entry in the Directory is
voluntary and achieved by completion of the appropriate
questionnaire. The Directory gives names, addresses and services
provided for those companies who have completed the
questionnaire. In Summer 1999 the Directory gave 89
companies in total 81 offering professional firework
displays 58 offering shop goods 41 manufacturing or
modifying fireworks 31 importing fireworks
And from the
Summer 2002 Directory we have: 100 companies in total 12%
increase 79 offering professional firework displays 2%
decrease 70 offering shop goods 20% increase 38
manufacturing or modifying fireworks 7% decrease 44
importing fireworks 42% increase
Finally, at the last
count Yellow pages accounted for some 180 companies, around the
country, offering fireworks and firework
displays.
High Street Retail Brands Company
Brand Black Cat Fireworks
Black Cat, Standard, Brocks Cosmic Group
Cosmic, Golden Lion, Jumping Jack Flash, Galaxy, Astra,
Benwell Panda
Panda, Bright Star Men Shun
Men Shun, Sacred Arrow Other Significant
Players 1st Galaxy, Blue Moon, Bulldog,
Dancing Red Devil, Devco, Diamond,
Firework
Factors, Fireworks International, Ghost, Global, Imperial,
Kimbolton,
Millennium, Red Dragon, Sandling, Sparky, Spook.
In 1990
the High Street was served by Standard, Brocks, Sohni Esco,
Octavius Hunt and Astra with a few specialist firework retailers
offering items supplied by the larger Firework Display Companies,
today there are at least 30 Brand names on the streets. Growth
in the number of new names has been rapid with some of the new
names not appearing in the usual High Street retail outlets,
preferring instead to be distributed illegally through pubs.
clubs, car boot sales and door to door, with of course an
attendant reduction in overheads for the Companies concerned and
a reduction in safety for the general public.
Trade Groups Yellow Pages 160 EIG
Members 87 BPA Members 23 BFA Members 16
The firework industry is supported by three organised
groups promoting the interests of fireworks, offering central
contact points for Government organisations and assisting the
industry to keep abreast of the rapidly changing legislative
scene. The trade association catering for the interests of those
supplying the retail trade is the British Firework Association
(BFA). While the British Pyrotechnists Association (BPA) is the
Trade association catering for the interests of those involved
in providing Professional Firework Displays. The Explosives
Industry Group (EIG) of the Confederation of British Industry,
is a lobbying group with particular interest in the promotion of
health and safety in the manufacture storage and use of all
explosives, including fireworks. The vast majority of the member
companies of the BPA and BFA are also members of EIG. however
there is still around half of the firework industry not
represented and more importantly not informed by any national
group.
Markets Old and New
The Traditional Newsagents Tobacconists
General Stores
The New Garden Centres Firework
Specialists Supermarkets Convenience Stores Mail
Order Internet
The traditional cigarette, tobacconist
newsagents and general stores on the corner are still a major
part of the consumer Firework supply chain, but increasingly they
are not the only retail outlets. Toy shops, firework specialists,
garden centres, convenience stores and supermarkets have all
joined those outlets providing fireworks over the last fifteen
years or so. More recently than this of course is the growth in
mail order and internet sales for fireworks. The latter two
presenting interesting challenges for legislators and policing
authorities.
Key Firework Retail Outlets Beyond any doubt the major
influence on the sales of fireworks has been in the entry of the
Supermarket Chains into the firework marketplace, pre 1994 there
were very few Supermarkets selling Fireworks, last year they had
around one third of the total retail sales. As with every other
commodity they deal with, the Supermarkets rely on selling in
bulk, this brings special problems with fireworks because of the
limitations on storage weights.
Product Changes Industry voluntary
agreements. Reduce banger powder content. Eventually adopted
by BS and by Firework Safety Regulations. Discontinue flash
powder bangers. Eventually adopted by Firework Safety
Regulations. Discontinue jumping crackers adopted by BS and
by Firework Safety Regulations. Discontinue random flight
items. Eventually adopted by Firework Safety
Regulations. Discontinue mini rockets. Industry eventually
broke this agreement, but it was eventually adopted by Firework
Safety Regulations. Discontinue Airbombs and cheap
rockets.
Over the last 40 years or so, the Consumer
Firework Industry has tried to influence control over the product
available in the supply chain, among some of the earlier measures
taken were the abandonment of the sale of Thunder Flashes, and
in 1961 to advise retailers not to sell Bangers more than one
month prior to November 5th
These latter two may be of interest to those who believe things
have got worse with the passage of time! I can report from
personal experience that things were much more "exciting" pre
1961.
Other measures adopted since 1961 have been
to: Reduce banger powder content. Eventually adopted by BS and
by Firework Safety Regulations. Discontinue flash powder
bangers. Eventually adopted by Firework Safety
Regulations. Only sell Bangers in Boxes Advise retailers
not to display fireworks in shops until three weeks before
November 5~". Reduce the number of Bangers available for
sale. Discontinue the sale of small cheap fireworks other than
Sparklers or as part of a larger pack Discontinue jumping
crackers. Eventually adopted by BS and Firework Safety
Regulations. Discontinue random flight items. Eventually
adopted by BS and Firework Safety Regulations. Discontinue
mini rockets. Industry broke this agreement, but it was
eventually adopted by Firework Safety Regulations. Discontinue
Airbombs and small rockets. This is a 2002/3 Industry initiative
which will hopefully receive Government
endorsement.
Product Changes Continued Industry product initiatives. Larger multi
shot devices.
In 1999 it became apparent that Fireworks
were going to be a feature of the Millennium Eve celebrations by
millions of families around the country, accordingly the firework
industry designed product for this occasion. Bearing in mind that
the likely usage time would be approximately one second past
midnight during the coldest month of the year when most concerned
would have been celebrating significantly, the target was to
produce something that was as safe as possible, as easy to use
as possible and more to the point difficult to accidentally
misuse, and which did not require two hours to set up and set
off. The answer was the Single Ignition
Display.
There 's Safety in Numbers There has been some concern in the media over
the introduction of "Big Powerful Fireworks" such as the Single
Ignition Displays however, this type of firework by its nature
is big but it is not necessarily any more powerful than a small
Category 2 Roman Candle The Single Ignition Display is made up
of a series of single shot Roman Candles, each in their own right
capable of meeting the requirements of BS 7114 Category 2 and The
Firework Safety Regulations.
However there are added
safety spin-offs from combining these together in a single unit
weighing up to 10kg.
It is expensive and therefore not
hooligan attractive.
It is too heavy to hold,
too
heavy to aim
too heavy to throw
too large to put
in your pocket
In accordance with BS 7114, the labelling
calls for the item to be buried, even if this is not done, the
item is still very stable and will not fall over during
functioning.
Finally for an equivalent entertainment level
from a Selection Box, over 100 Fireworks would have to be set up,
approached and individually lit with all the attendant risks of
mishap.
The Future The Control of Fireworks Bill The European
Standard Further Industry Voluntary Measures Tighter
Controls on Imports
We have heard from John Woodhead and Ron Rapley about the
Control of Fireworks Bill and the Forthcoming European Standard
and the consequences of these, I would like to endorse John's
view of the Bill by offering our full support to all reasonable
and enforceable regulatory measures which may come from the Bill
if it be successful.
With regard to Industry voluntary
controls, I believe that the responsible Fireworks industry has
exercised great self control in the past, however there are a
number of recently arrived players outside the responsible sector
of the industry who have demonstrated their willingness to ignore
regulatory controls and so clearly will not be bound by mere
voluntary measures, unless these are brought to book it will be
a case of one man's Voluntary Control is another's Commercial
opportunity!
This leads on to the need for imposing an
obligation on the enforcement agencies to closely monitor all
imports to determine that their storage and sales destinations
are both suitable and legitimate, this has to start at the point
of importation, or the enforcement agencies will find themselves
chasing numerous White Vans.
The Future II Less Noisy Fireworks Increased Usage of
Fireworks
While I know that Fireworks were louder and less
controlled in my youth than they are now, I also know that today
there is a far greater likelihood of malicious misuse as opposed
to the mischievous misuse I indulged in as a boy (under 16 at
that). I am also aware, notwithstanding the excellent
presentation from Chris Case, of the difficulties faced by the
police and others in enforcing the law relating to setting off
fireworks in a public place and accordingly if the only way to
bring back sanity is to remove certain types of fireworks then
as an industry we have demonstrated our willingness to do
this.
Finally it is a matter of fact that fireworks are
increasingly becoming a part of many legitimate celebrations
outside November 5th and New Year, for example, weddings,
concerts, summer fetes etc. this need not become a problem,
provided that the items used are suitable for the purpose and the
use is carried out in a responsible manner. Here education and
publication of codes of conduct would be of help. Once again the
firework industry would be prepared to help with
this.
Just in case any of you out there are beginning to
think that I believe the firework industry is a suitable role
model for any budding Mother Theresa, I would point out that our
willingness to help is based on the real concern that the end of
our business will come when the majority of people regard
fireworks as a nuisance rather than as a pleasure, from a recent
survey we carried out around 3 million people purchase fireworks each year. and even that
each purchase will probably be watched by Mum, Dad and 2.4
Children, that is over 13 million people enjoying
fireworks.
Neal Snowdon, from the Manchester Evening News, contributed a letter to the delegates
pack. Here it is.
Neal Snowdon Manchester Evening
News 164 Deansgate Manchester M60 2RD
Phone:
0161-211-2324 E-mail: neal.snowdon@men-news.co.uk
Dear
Delegate,
Like you I am attending today's conference as
I have an active interest in the field of fireworks and, more
specifically, fireworks safety.
At the Manchester Evening
News, we have
repeatedly reported on incidents where people have been injured
and maimed by fireworks. Every year we deal with a stream of
unfortunate incidents where people have suffered severely through
contact with fireworks.
As recently as five days ago -
more than three months since Bonfire Night we reported on a
mother and her six children who were trapped in their home when
a yob threw a firework through their lounge
window.
Unfortunately, this was no isolated incident, as
fireworks now appear to be in use all year round.
For this
reason, the Manchester Evening News has been campaigning for much tighter controls
on the use and sale of fireworks. We are aware of proposed
changes to the law, but we believe that only a total ban on the
sale of fireworks to the public will remove the danger that they
pose.
As far as we are concerned, fireworks should only
be sold to people who are running properly-organised and licensed
events.
While we understand that many people may find this
stance a little drastic, we are sure that such restrictions are
the way forward. I am sure that you will have an opinion on this
and I would welcome your views whenever you feel able to
volunteer them to me.
You may see me today at the
conference, as I will be here with my Manchester Evening News billboard and some examples of
our campaigning articles. If, however, you are unable to chat to
me today, please phone or e-mail me in the next few
days.
I would very much like to hear what you think about
fireworks safety and our campaign. Your opinions will go a long
way to helping me gauge the feelings among those in the know on
this issue.
I hope to speak to you very soon. Enjoy
the conference.
Yours faithfully, Neal
Snowdon
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