Firework Control Zones
North Ayrshire Council · 6 May 2025
Back to Cabinet — 6 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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NORTH AYRSHIRE COUNCIL 6th May 2025 Cabinet Title: Firework Control Zones Purpose: To provide an update on Firework Control Zone (FCZ) implementation in North Ayrshire. Recommendation: That Cabinet approves: • the proposed FCZ policy at Appendix 1; and • the proposals for the establishment of a FCZ Stakeholder Group to administer the process (see Appendix 2) 1. Executive Summary 1.1 In accordance with the statutory guidance issued under the Fireworks and Pyrotechnic Articles (Scotland) Act 2022, local authorities are required to have in place a process for communities to request a Firework Control Zone (FCZ) in their area. In an FCZ, it is against the law to set off fireworks anywhere, including on private property. Organised public fireworks displays are allowed. 1.2 During 2024, Cabinet approved the initial process for handling community requests and agreed to received further update reports as the process is refined. 1.3 A cross-service, short life working group was set up to design a process suitable for North Ayrshire along with the associated procedures, policies, and documentation. The group has prepared a draft FCZ policy and Terms of Reference for a stakeholder group to oversee the process. This report seeks Cabinet approval for the draft policy and stakeholder group proposals at Appendices 1 and 2. 2. Background 2.1 A Firework Control Zone (FCZ) is an area within a local authority boundary in which it is a criminal offence for a member of the public to ignite a firework, including on private property such as a garden. It is also an offence to fire a firework into the boundaries of a zone; or to knowingly or recklessly throw or cast a lit firework into a zone. 2.2 An FCZ is not intended to be a catch-all solution to deal with issues involving fireworks. If a local authority and local partners consider designation of a FCZ to be appropriate, it is expected that a zone would be utilised alongside other preventative
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and enforcement tools to have maximum effect. 2.3 A person who commits an offence under the Act in relation to a FCZ is liable, on summary conviction, to imprisonment for a maximum of six months or a fine of up to £5,000. 2.4 Local authorities should ensure that a partnership approach is taken to considering and developing the proposal to designate, amend, or revoke a FCZ. Local authorities should involve local police and other local partners at the formative stages of considering a FCZ and developing a proposal in an area. Early engagement is vital in understanding the feasibility of enforcement for a potential zone and enables discussions around enforcement to underpin considerations. 2.5 A cross service short life working group was set up to design and implement the Firework Control Zone process, which has been live since October 2024. This consists of a dedicated web page, an agreed process map, an online request form and the required privacy notice etc. All of these can be found via this link: Firework control zone. 2.6 At present, only one request has been received. This is in relation to the Kilwinning locality. The application did not meet the threshold in terms of number of people in support and further assistance is being provided. 2.7 The resource implications arising from Firework Control Zones have been considerable. The work to date constitutes a significant effort from across multiple Council services and with input from partner agencies such as Police Scotland, who ultimately have the enforcement responsibilities if and when any control zone is established. 2.8 The working group has prepared a draft FCZ Policy (see Appendix 1) to govern the FCZ process. The Terms of Reference and proposed membership of an FCZ stakeholders review group has also been prepared and is provided at Appendix 2. 2.9 The FCZ policy, process and Terms of Reference were presented to Policy Advisory Panel on 4th February 2025 where feedback was received, particularly in relation to section 2.1 of the policy where there is a requirement to have 25 supporting signatures with full names and addresses for the application to be taken forward. The reason for the threshold- to ensure there are real and evidence-based issues affecting communities and not individuals- was agreed and accepted. The Panel were assured that as the threshold is not set in statute, the Stakeholder Group has the discretion to accept other evidence such as an application from a properly constituted community group who can demonstrate both impact on, and substantial support, from a community. 3. Proposals 3.1 Cabinet are asked to consider the draft Firework Control Zone Policy (Appendix 1) and the establishment of a Firework Control Zone Stakeholder Group, who will administer the process and ensure any applications submitted are competent before committee consideration, as well as generally overseeing the implementation and regular review of any zones established. The proposed terms of reference for this group are provided at Appendix 2.
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4. Implications/Socio-economic Duty Financial 4.1 Any direct financial implications in relation to the implementation of this proposal will become apparent in due course if consultation on any proposed zones, and thereafter implementation is required. Human Resources 4.2 Any direct human resources implications in relation to the implementation of this proposal will become apparent in due course if consultation on any proposed zones, and thereafter implementation is required. Legal 4.3 The publication of a decision to designate a FCZ is sufficient to bring it into force. Legal advice will be provided as required on the terms of the legislation and guidance. Equality/Socio-economic 4.4 None. Climate Change and Carbon 4.5 None. Key Priorities 4.6 The proposals outlined in this report support the Council’s priority of Communities and Local Democracy by providing a means for communities to come forward with proposals to make changes in the use of fireworks in their area. Community Wealth Building 4.7 There are no community wealth building implications associated with this report. 5. Consultation 5.1 Consultation in relation to the policy has been undertaken with the relevant external stakeholders as well as ELT and the Policy Advisory Pannel, and any proposal to designate a FCZ will be consulted on in terms of the policy being considered. David W. Hammond Executive Director of Communities & Housing For further information please contact Scott McKenzie , Senior Manager Protective Services, on 01294 324347.
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Background Papers Appendix 1 Draft Firework Control Zone Policy Appendix 2 Stakeholder Group Terms of Reference
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North Ayrshire Council – FCZ Policy (Communities and Housing) 1 North Ayrshire Council Firework Control Zone (FCZ) Applications Draft Policy v1 September 2024 1. Introduction This policy document outlines the comprehensive procedures for handling Firework Control Zone (FCZ) applications in North Ayrshire Council, in accordance with the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. The main goal of these zones is to help to tackle the negative effects that fireworks have in some communities and keep the public safe, while still allowing for organised celebrations. This policy aims to provide a clear and transparent process for communities seeking to establish FCZs within North Ayrshire. 1.1 What the Act Covers a. Gives local authorities discretionary powers to designate FCZs within their boundaries. b. Makes it a criminal offence for the public to use fireworks in FCZs, including on private property. c. Requires local authorities to consult with residents, workers, and other stakeholders before designating an FCZ. d. Mandates review of the operation and effectiveness of FCZs. 1.2 What the Act Does Not Cover a. Blanket Bans: The Act does not impose a nationwide ban on fireworks or pyrotechnics. b. Public Fireworks Displays: Public fireworks displays put on by a charitable, religious, youth, recreational, community, political or similar organisation are permitted in a FCZ, as are public fireworks displays put on by a professional organiser. c. Other Jurisdictions: The Act applies only to Scotland and does not affect fireworks regulations in other parts of the UK. d. Automatic Designation: FCZs are not automatically applied; they require local authority action and community input. Appendix 1
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North Ayrshire Council – FCZ Policy (Communities and Housing) 2 e. Compensation: The Act doesn't provide for compensation to businesses affected by FCZ designations f. Bonfires: The Act does not cover regulations or restrictions related to bonfires, which remain subject to separate local laws and community guidelines. 1.3 Restrictions and Exemptions: The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 prohibits the use of fireworks within designated FCZs, except for Category F1 fireworks, which include indoor fireworks such as sparklers. Additionally, the legislation permits public organised displays to take place within FCZs, provided they comply with local licensing requirement.(add more detail here about events process) 2. Eligibility Criteria 2.1 Applicant Requirements a. Applications must be submitted by community groups, not individuals. This ensures broad community support and representation. b. Groups must have at least 25 supporting signatures from individuals who reside within the proposed FCZ area or who are otherwise able to demonstrate that they have an interest in the proposed FCZ. These signatures demonstrate local backing for the initiative. c. For the purposes of this application, a community is defined as a group of people who share a common aim, interest, or purpose. This broad definition allows for various types of community organisations to apply. d. Examples of eligible groups include, but are not limited to, Tenants Groups, Community Associations, Welfare Groups, and Community Councils. Other groups that meet the community definition are also encouraged to apply. 2.2 Lead Applicant a. A designated lead applicant must manage the application process and communications and provide contact details. This ensures a single point of contact for efficient communication. b. The lead applicant should be prepared to act as the primary point of contact throughout the FCZ process, from initial application to implementation if approved.
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North Ayrshire Council – FCZ Policy (Communities and Housing) 3 3. Application Process This process empowers communities to request FCZ designation through community groups, ensuring broad local support for the initiative. The process of a successful community application will usually take about 32 weeks from the initial request to the final implementation of an FCZ, although it may take longer depending on circumstances. This indicative timeline allows for thorough community engagement, formal application review, public consultation, and decision-making by the Council Cabinet, ensuring a transparent and inclusive process for establishing Firework Control Zones in North Ayrshire. 3.1 Pre-Application Stage Community Engagement and Consultation a. Prior to submission, the Community may want to consider engaging with local residents and people working in the proposed FCZ area. This helps gather information from diverse perspectives, help gauge public opinion and identify potential concerns. b. The Community should record any feedback, including impact of issues and reasons for supporting the FCZ. This documentation will be valuable for the formal application. c. Various methods can be used to reach a broad audience (e.g., community meetings, surveys, social media outreach) to ensure comprehensive community input. Application Preparation a. Applicants must determine proposed FCZ boundaries using official maps or clear geographical markers. Precise boundary definition is essential for effective implementation. b. The lead applicant must provide at least 25 supporting signatures with their application. These signatures should come from residents within the proposed FCZ area. Alternatively, if signatories are not residents, they must be able to demonstrate a clear interest in or connection to the proposed FCZ. This requirement ensures broad community support and engagement with the FCZ initiative. c. The application must outline specific reasons for the proposed FCZ, including any historical issues with fireworks in the area. This justification helps the Council understand the need for an FCZ. The applicant should submit any relevant evidence together with their application.
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North Ayrshire Council – FCZ Policy (Communities and Housing) 4 d. Applicants should detail the desired start and end dates, considering local events and celebrations. This timing consideration ensures the FCZ doesn't unnecessarily disrupt community activities. 3.2 Formal Application Stage Submission a. The completed application should be submitted to North Ayrshire Council via the online portal. This is the preferred method for efficient processing and tracking. b. Alternatively, applicants may choose to complete a hard copy application, which can be submitted via mail or in person at designated council offices. This option ensures accessibility for all community groups. c. The application must include all required information: • Detailed reasons for the proposed FCZ • Precise boundaries of the zone with supporting maps • Desired start and end dates with justification d. Results of any community consultation, including methods used and number of people engaged should be outlined in the application. e. Supporting signatures (minimum 25) with full names and addresses requires to be provided. Initial Assessment (Usually ends at week 4) a. The Communities and Housing Directorate will acknowledge applications and conduct a review for completeness and eligibility to progress to the formative stage of review. b. Incomplete applications or those not meeting the basic criteria will be rejected by the Communities and Housing Directorate Leads and applicants will be provided with the opportunity and support to re-apply with further details on the application criteria. c. Applications assessed complete and eligible to proceed to the formative stage will undergo a comprehensive review by the FCZ Stakeholder Group. This group consists of: • Cross-service representatives from relevant Council departments including the Council’s Protective Services, Connected Communities, Health & Safety and Corporate Legal Team. • Representatives from Scottish Fire and Rescue Service (SFRS) • Representatives from Police Scotland
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North Ayrshire Council – FCZ Policy (Communities and Housing) 5 e. The FCZ Stakeholder Group will assess the application's potential impact on public safety, community well-being, and local resources. Their diverse expertise will ensure a thorough evaluation of the proposed Firework Control Zone from multiple perspectives. f. The Firework Control Zone (FCZ) Stakeholder Group will make a recommendation on whether to accept or reject the application for progression to the consultation stage. This recommendation will be detailed in a Cabinet report for Elected Members' consideration. The report will include: • A summary of the application • An analysis of the evidence provided • Reasons for the recommendation (either to accept or reject) • Proposed next steps g. The Cabinet report will enable Elected Members to make an informed decision on whether to: • Accept the recommendation and proceed to the consultation stage • Reject the recommendation and decline to move forward with the consultation • Request additional information before making a decision h. If Elected Members decide to proceed to the consultation stage, the process will move forward with public engagement and further assessment. If Elected Members decide to reject the application, the applicants will be notified and given information on how to strengthen their application for future consideration. Applicants will be notified of proceeding to the next stage or rejection, with clear reasons provided for any rejection. i. If Cabinet rejects the application, the applicant has the right to request a review of the decision. Any review will be heard by the Audit and Scrutiny Committee. Audit and Scrutiny will have the right to examine any decision made by Cabinet on whether to proceed to consultation or reject application at this stage in the process. 3.3 Consultation and Decision Stage Public Consultation (Usually ends at Week 20) a. The consultation period will be determined based on the complexity and scope of the application. While typically ranging from 8 to 12 weeks, this duration may be adjusted to be shorter or longer as circumstances warrant. The goal is to ensure a sufficient timeframe that allows all impacted parties reasonable opportunity to participate fully and share their views on the proposal. Factors such as the nature
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North Ayrshire Council – FCZ Policy (Communities and Housing) 6 of the application, its potential impact, and the breadth of stakeholders involved will be considered when setting the consultation period. This flexible approach aims to balance the need for thorough public engagement with the efficiency of the decision-making process. b. Stakeholder mapping will be conducted to identify individuals, groups, and organisations potentially affected by or interested in the FCZ proposal. This process will ensure comprehensive outreach and engagement with all relevant parties, including residents, businesses, community organisations, and local services within and around the proposed FCZ area. c. The Council will actively promote the consultation through a range of mechanisms to ensure wide participation which may include online platforms, local media, and community networks. d. Consultation methods may include online surveys, public meetings, and written submissions to accommodate various preferences for participation. e. The Council will gather feedback from residents, businesses, and stakeholders, ensuring a balanced representation of community views. Analysis and Recommendation (Usually ends at week 28) a. The Council will aim to analyse consultation results, considering both quantitative and qualitative data within 4 weeks of the consultation period ending. b. A comprehensive report will be prepared, summarising the findings and their implications for the FCZ proposal. This report will include a thorough community impact assessment, analysing the potential effects of the proposed Firework Control Zone on local residents, businesses, community events, and traditions. The assessment will consider both positive impacts, such as improved public safety and reduced disturbances, as well as potential negative consequences, like effects on local events or businesses. This evaluation will form part of the report which will be considered by Cabinet in their decision-making process. c. The Council will prepare a recommendation for Cabinet from the analysis of the consultation results, based on the consultation outcomes and policy considerations. Cabinet Decision (Usually ends at week 32) a. North Ayrshire Council’s Cabinet will evaluate and discuss the proposal alongside the report prepared by the Council Officer. b. Cabinet will make the decision on approving or rejecting applications for a FCZ application. c. The decision will be communicated to the lead applicant and made public through official channels and local media.
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North Ayrshire Council – FCZ Policy (Communities and Housing) 7 d. If Cabinet rejects the application, the applicant has the right to request a review of the decision. Any review will be heard by the Audit and Scrutiny Committee. Audit and Scrutiny will have the right to examine any decision made by Cabinet on whether to proceed to consultation or reject application at this stage in the process. 3.4 Implementation Stage (Usually ends at week 36) Notification and Preparation (Around 4 weeks) a. If approved, The Council will notify applicants, residents, and businesses within the FCZ. b. The Council will prepare necessary signage, informational materials, and enforcement protocols to ensure clear understanding of the FCZ regulations. c. North Ayrshire Council websites and relevant databases will be updated with FCZ information to provide easy access to details for the public. FCZ Establishment a. The FCZ comes into effect on the specified start date, presuming 60 days public notice has been given as required by legislation. b. The Council will ensure proper enforcement measures are in place, including coordination with local law enforcement and community safety teams. 4. Review of FCZ North Ayrshire Council will review approved Firework Control Zones (FCZs) to assess their effectiveness, gather community feedback, and ensure that they continue to meet public safety needs and address local concerns regarding fireworks usage. Reviews will normally be carried out every three years, unless the local authority decides that a sooner review would be preferable in the circumstances. This regular review process aligns with the requirements set forth in the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 and allows for necessary adjustments based on changing circumstances within the community. 5. Useful Links FCZ Application Form FCZ Guidance for Local Governments Firework control zone (north-ayrshire.gov.uk) 6. Useful Contacts For enquiries please email: safetyadvisorygroup@north-ayrshire.gov.uk
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1 NORTH AYRSHIRE COUNCIL AND PARTNERS FCZ Stakeholders Review Group: Terms of Reference 1. Purpose: To collaboratively review Firework Control Zone (FCZ) applications, consider available evidence pertaining to the application, , administer the application process, contribute to the development of a comprehensive Cabinet paper including a recommendation on whether or not Cabinet should accept the request and move to the consultation stage, initiate and execute a consultation and engagement process where required, and develop comprehensive cabinet papers to enable elected members to make informed decisions on approving or rejecting proposed FCZ applications, all within the agreed indicative FCZ process timelines 2. Participants: • Representatives from Scottish Fire and Rescue Service • Representatives from Police Scotland • North Ayrshire Council (NAC) Service Representatives including CPP team, CLD team, Legal Team, Public Protection Team, Place Team, H&S and Risk Team. 3. Meeting Schedule: The stakeholder group will convene at key stages of the FCZ application process, specifically: 1. When an application reaches the formative stage to provide input into the initial Cabinet report 2. During the development of the consultation plan 3. To consider evidence gathered from the consultation 4. When developing the final cabinet report 4. Leadership The responsibility for the FCZ policy and process will sit with the Communities and Housing Directorate. The Senior Manager (Public Protection) will chair meetings and designate a nominee to lead in their absence. 5. Responsibilities: a) Application Review: • Evaluate initial FCZ proposals • Assess potential impact on public safety, community events, and local businesses • Analyse feasibility of implementation and enforcement • Consider potential unintended consequences of FCZ implementation • Provide input to the initial Cabinet report, including a recommendation on whether or not the application should proceed to the consultation stage b) Consultation Development: • Design a comprehensive consultation strategy aligned with institutional frameworks and Scottish Government FCZ guidance Appendix 2
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2 • Collaborate closely with Community Learning and Development colleagues to ensure inclusive community engagement • Determine appropriate methods for gathering community feedback, including surveys, public meetings, and digital platforms • Establish clear timelines for the consultation period, ensuring adequate time for meaningful participation • Develop communication materials to clearly explain FCZ proposals to the public c) Evidence Evaluation: • Conduct thorough analysis of consultation results and community feedback • Assess the potential effectiveness of proposed FCZs in reducing firework-related incidents • Evaluate the impact on community cohesion and cultural celebrations • Identify any safety concerns, enforcement challenges, or potential displacement effects • Consider economic implications d) Cabinet Report Preparation: • Compile comprehensive findings and evidence-based recommendations • Develop a detailed impact assessment covering safety, social, economic, and environmental factors • Draft a clear, concise, and informative report for cabinet consideration • Ensure inclusion of all relevant data, stakeholder perspectives, and potential alternatives • Provide a balanced view of the pros and cons of FCZ implementation 6. Decision-Making Process: • The stakeholder group will provide recommendations and insights throughout the process • Consensus will be sought on key recommendations • Final decisions on FCZ proposals will be made by elected members at the cabinet level • The group will be available to provide clarification or additional information to the cabinet as needed 7. Review and Continuous Improvement: • The effectiveness of the stakeholder group and the FCZ policy will be formally reviewed after one year • Ongoing feedback will be collected from group members and stakeholders to refine the process • Best practices and lessons learned will be documented to inform future policy development • The group will stay informed of national policy changes and adapt processes accordingly 8. Confidentiality and Transparency: • Members will maintain confidentiality of sensitive information discussed during meetings • A summary of decisions and recommendations will be made publicly available, ensuring transparency in the process 9. Resources and Support: • Administrative support will be provided by NAC, Communities and Housing Directorate to facilitate meetings and document proceedings • Relevant data and research will be made available to all members to inform decision- making Ends. Communities and Housing Directorate (v1 – September 2024
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