The Pyrotechnic Articles (Safety) Regulations 2015 prohibit the supply of category 2 (outdoor use - confined areas) and category 3 (outdoor use - large open areas) fireworks to any person under the age of 18. The Regulations prohibit the supply of category 1 (indoor use low hazard low noise - party poppers etc) fireworks to any person under the age of 16. An exception is made for Christmas crackers, which must not be supplied to any person under the age of 12. Caps for toy guns are exempt from fireworks legislation.
Note that the labelling on packets of sparklers must carry the words 'Warning: not to be given to children under 5 years of age'.
Where adult fireworks are supplied or exposed for supply in any premises, the Fireworks Regulations 2004 require a notice to be displayed in a prominent position in those premises, no less than 420 mm by 297 mm (A3), with letters no less than 16 mm high, giving the following information:
- it is illegal to sell adult fireworks or sparklers to anyone under the age of 18
- it is illegal for anyone under the age of 18 to possess adult fireworks in a public place
Age-restricted sales - keeping within the law
The law has defences available, namely that the person accused took all reasonable precautions and exercised all due diligence to avoid committing an offence. It is your responsibility to keep within the law and to have systems in place that will act as a 'due diligence' defence to an allegation that a sale has taken place to a person under the minimum legal age.
Offences are of strict liability, which means that they can occur even when the business owner is not on the premises. To avoid committing an offence, it is advised that the legislation is brought to the attention of all staff via regular training. It is important that you can prove that your staff have understood what is required of them under the legislation. This can be done by keeping a record of the training and asking the member of staff to sign to say that they have understood it. These records should then be checked and signed on a regular basis by the manager or the owner.
Members of staff should be advised that they themselves might be personally liable if they sell to young persons in breach of the legal requirements.
Always ask young people to produce proof of their age. Trading standards services and the government support the national The Proof of Age Standards Scheme (PASS). (opens new window). You can be confident that a card issued under the scheme and bearing the PASS hologram is an acceptable proof of age. There are a number of card issuers in the scheme.
Photo driving licences and passports are also acceptable as proof of age.
If there is doubt, the sale should not take place.
It is your responsibility to keep within the law and not supply fireworks to those under the minimum legal age. In order to keep within the law and therefore satisfy the legal defences, you should introduce an age verification policy and have effective systems to prevent an underage supply. These systems should be regularly monitored and updated as necessary to identify and put right any problems or weaknesses, or to keep pace with any advances in technology.
Further guidance is available from: Business Companion: Fireworks Age Restrictions (opens new window)
