Falkirk Council: Concerns over who will foot bill for new fireworks laws

The Scottish Government legislation will give new power to councils to designate firework control zones, where the public will not be allowed to use fireworks.

It also increases restrictions on buying and selling fireworks and there will also be strict limits put on the times, dates and areas members of the public can use fireworks in Scotland.

The legislation is the result of a public consultation on fireworks held by the Scottish Government on fireworks in 2019, which revealed that most respondents strongly supported action to be taken to prevent the misuse of fireworks while still allowing people to enjoy them.

The new laws will mean people must have a licence to buy and use certain fireworks while possession of a firework in a public place without reasonable excuse will become an offence. It will also become an offence to give fireworks to or buy them for a child.

At a meeting of Falkirk Council’s executive on Tuesday, Councillor Stacey Devine welcomed a report with information on two new pieces of legislation that are expected to come into force in late 2023 at the earliest.

Local authorities, including Falkirk, will have to prepare and publish details of any proposed firework control zones, amendments, and revocations. They will also need to carry out reviews of the operation and effectiveness of the zone and publish the findings of the review.

Councillor Devine said: “Given the additional recommendations that will fall on the council to enforce legislation and to comply with the requirements of setting up firework control zones it is important that we continue to keep a close eye on this area.

“It is anticipated that the cost of council staff should be off-set by the income generated from the licensing fees and we need to make sure that materialises.”

Councillors heard that the provisions will require further legislation or guidance before being implemented, and so are unlikely to start until 2023 at the earliest.

There will be additional costs for the council, particularly in Trading Standards who will be heavily involved, working in partnership with Police Scotland and the Scottish Fire and Rescue Service.

Labour councillor Alan Nimmo asked how the council intended to enforce it, bearing in mind the current staffing problems the council faces.

Michael McGuinness, head of Growth, Planning and Climate Change, agreed that the new duties would create extra work for council staff.

He told councillors that they and other councils are currently in talks with the Scottish Government – through CoSLA – to ensure they get the funding required through the licensing fees that will be generated.

“It is a challenging area and resources are very limited but we’ll do the best we can to deliver the services,” he said.

Councillor James Kerr said that he had called for controls on fireworks for many years due to the impact they have on pets and wildlife.

“I don’t have my dog anymore – he passed away – but for people with domestic animals it’s a horrendous time of year, not to mention for livestock, vulnerable children and adults,” he said.