Firework Control Zones CaH 20 08 24
Renfrewshire Council · 20 August 2024
Back to Communities and Housing Policy Board — 20 August 2024 and its agenda
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___________________________________________________________________ To: Communities and Housing Policy Board On: 20 August 2024 Report by: Director of Environment, Housing and Infrastructure ___________________________________________________________________ Heading: Fireworks Control Zones ___________________________________________________________________ 1. Summary 1.1 The supply and use of fireworks in Scotland has been under review for some time, due to mounting concerns around noise nuisance, anti-social behaviour and animal welfare, amongst other matters. 1.2 Legislation which came into force late June 2023 gives discretionary powers for Local Authorities to designate Firework Control Zones (FCZ). FCZ would be small, evidence based areas, set up and maintained by the Local Authority but enforced by Police Scotland, in which the unplanned use of Fireworks in any area is banned. 1.3 A Fireworks Control Zone is defined as a geographical area in which it is illegal to use fireworks outside of a licensed display, on private property. A FCZ can be proposed by the Local Authority themselves, or by a community request. 1.4 The Scottish Government have published an extensive statutory guidance document to shape the process in relation to the set up and administration of a Zone. 1.5 There must be a good evidence based for the designation of a Zone as well as an extensive consultation process. 1.6 The Community Safety Partnership will lead on the consultation process however, collaboration across Council Services and partners will be required to ensure any requests for a Zone meets the criteria.
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1.7 Based on the criteria for evidential assessment within the guidance there are currently no known areas in Renfrewshire which could substantiate an evidence-based request for a Zone. To date there have been no community enquiries, however, it is likely that as Bonfire Night approaches communities will request to submit proposals. ___________________________________________________________________ 2. Recommendations It is recommended that the Communities and Housing Policy Board: 2.1 Approves the use of these discretionary powers, and 2.2 Approves the community request process, as outlined in Section 4, to be applied when considering whether or not to designate a Fireworks Control Zone. _________________________________________________________ 3. Background 3.1 The use of fireworks in Scotland has been subject to Scottish Government consultation since March 2019, after growing concern about safety, noise nuisance and the effect of this noise on the welfare of vulnerable persons and animals. 3.2 The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 was passed by the Scottish Parliament on 29 June and received Royal Assent on 10 August 2022. Controls are being phased slowly by means of Commencement Regulations, with regulatory and economic impact being carefully considered at each stage. 3.3 The most recent enacted provision is that for Local Authorities to consider the use of Fireworks Control Zones in their area. This is a discretionary power, with detailed guidance in place to ensure that the power is applied fairly and consistently when utilised. 3.4 A Fireworks Control Zone is defined as a geographical area in which it is illegal to use fireworks outside of a licensed display, on private property. It is currently illegal to use fireworks in a public place, outside of a licensed display. 3.5 Enforcement within a Fireworks Control Zone will be the responsibility of Police Scotland. 3.6 There requires to be a good evidence base for the designation of a Zone using data and intelligence from agencies including Police Scotland, the Scottish Fire & Rescue Services, Renfrewshire Council Community Safety Partnership along with other agencies and Council Services as required. There is also an expectation that other courses of action would have been considered initially by the Community Safety Partnership. For example:
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• Community engagement and awareness • Enforcement activities • Targeted use of Police or Scottish Fire & Rescue Services • Retailer compliance checks • Engagement with young people vis schools or clubs 3.7 Although the Community Safety Team will lead on the consultation process, consideration for proposals for Zones will involve collaboration across Council Services and partners to ensure a Zone meets the criteria. 3.8 Management of public expectation will be important when considering whether to implement a Fireworks Control Zone. Table 1 highlights the comparison between what a Zone can and cannot do. Can Do Can’t Do Stop private displays Stop organised displays Give communities a say Stop selling of fireworks Restrict in defined area Blanket large area Specify dates/times Stop noise travelling Potentially tackle social issues Stop bonfires Make unplanned use a criminal offence* Be used as a first option It should be noted that certain matters are already prevented by law e.g. setting off in a public place, carrying fireworks without reasonable excuse, licensing provisions for planned displays. * A person who commits an offence under subsection (2) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 3.9 Based on the criteria for evidential assessment within the guidance, there are currently no known areas in Renfrewshire which could substantiate an evidence-based request for a Zone, however, it is likely that communities will request to submit proposals. 4. Community Request 4.1 Following national guidance, a community request is a route to ask the Council and its partners to consider if a Fireworks Control Zone can be designated, amended or revoked in a particular place within its area. If a request is accepted this would begin a formal process for consideration of a zone as set out in the guidance. A community request being accepted is therefore not the same as a Zone being designated and does not negate the statutory requirement for a consultation to be carried out.
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4.2 Details of the Council’s approach to Fireworks Control Zones and how to make a community request will be published on the Council’s website. This process will also be publicised via social media and to Community Councils. 4.3 Requests need to come from a “Community” and not an individual. Requests can be submitted by: • A community of residents (25 signatories); • A welfare group; • A community council; • A local Partnership Area. 4.4 The Council is required to publish details of how to submit a Community Request. This will include the timings involved and who to contact. When a request is received an acknowledgment needs to be sent and a formal response issued within four weeks. 4.5 The Community Request application will be formally considered by the Community Safety Partnership using all evidence available and will either be accepted to proceed to a consultation or will be rejected at this initial stage. 4.6 If rejected, a response will be issued with clear reasoning as to why the decision was taken not to proceed to a consultation and will demonstrate that account has been taken of any issued raised. 4.7 If proceeding to a consultation, a proposal for designation of a Fireworks Control Zone will then be developed and published for consultation. 4.8 The guidance issued by the Scottish Government recommends the following timescales, which represent a maximum of 32 weeks. However, these are not statutory and can be shorted by the Council as required. Task Indicative Timing Community request received, considered, and response issued Up to 4 weeks If community request accepted, Local Authority develops consultation proposal for a zone Up to 4 weeks Consultation on proposed zone undertaken Between 8-12 weeks Consultation responses considered and analysed Up to 4 weeks Decision on a zone publicised At least 60 days prior to the decision taking effect. Total time 32 weeks 4.9 Following publication of the proposal, with a reasonable time for any responses to the proposal, the Local Authority should then publish their decision. The publication of the decision should include: • A summary of the consultation, • The reasoning for the outcome decision, and • Clear demonstration that account has been taken of responses and information on any issues raised during the consultation
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4.10 If a decision has been taken to establish a Fireworks Control Zone or to amend or revoke an existing control zone, appropriate steps must be taken to raise awareness of the decision, including reasonable steps to inform those who live or work in or near the Zone. 4.11 If the decision after consultation is not to designate a zone, the community applying can request a review within 28 days. The review will be carried out by a Council Officer, not in involved in the original decision-making process. ___________________________________________________________________ Implications of the Report 1. Financial - None 2. HR & Organisational Development - None 3. Community/Council Planning – • Our Renfrewshire is safe - By implementing these discretionary powers, and providing a process for communities to request a designated Fireworks Control Zone, Environment, Housing & Infrastructure aims to reduce the negative impact that fireworks can have on some communities and protect public safety. 4. Legal -None 5. Property/Assets - None 6. Information Technology - None 7. Equality & Human Rights - (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety - None 9. Procurement – None 10. Risk - None 11. Privacy Impact - None 12. Climate Risk – None 13. Children’s Rights – None 14. Cosla Policy Position – None
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List of Background Papers None ___________________________________________________________________ Author Gwyneth Heaney, Senior Manager Climate & Public Protection e-mail: gwyneth.heaney@renfrewshire.gov.uk