|Department||Justice and Home Affairs|
|Type of consultation||Other|
|Deadline for comments||16/12/2019|
About the consultation
The Home Affairs Minister wishes to seek Islanders’ views on proposed Regulations relating to the importation, manufacture, storage, possession, supply, retail, use, transport and export of fireworks and other pyrotechnic articles. The Regulations would be made under the Explosives (Jersey) Law 2014. These proposed Regulations would enhance and broaden controls, primarily regarding the supply, possession and use of fireworks and other pyrotechnic articles, and bring the statutory framework around fireworks and other pyrotechnic articles into one piece of legislation.
It is proposed that the Regulations extend (with some modifications) the provisions of the 2014 Explosives Law regarding the importation, manufacture, wholesale storage, use, transport and export of explosives so that these also apply to fireworks and other pyrotechnic articles.
Proposals are also put forward in respect of the retail of fireworks. An option is presented for the Parish Connétables to continue to issue retail licences, which would also cover local storage on retail premises. An alternative option is for retail licensing to be undertaken by the Minister for Home Affairs as an extension of the wholesale storage licensing process (which will be overseen by the Minister).
Furthermore, it is proposed that retail premises are only able to sell fireworks during certain specified periods of the year, including the lead up to Bonfire Night and New Year’s Eve. Any premises selling fireworks during these specified periods would need to do so in accordance with a retail licence. At other times of the year, fireworks could only be purchased by the public from a person with specialist knowledge, who again would also need to hold a retail licence.
The Regulations would build on the provisions in the 2014 Law by controlling the supply, transfer and possession of certain categories of fireworks to/by different people. This control would be based on a person’s age and whether or not they have “specialist knowledge” which enables them to safely handle certain types of firework. The proposed criteria that must be met for a person to be considered as possessing “specialist knowledge” is set out. By way of example, a category 4 firework (and certain types of category F3 fireworks) could not, at any time, be supplied, possessed or used by a person unless they are considered under the Regulations to have “specialist knowledge.” This is due to the hazard risk posed by these fireworks and their noise level. Furthermore, these fireworks could only be used during a firework display where a licence has been issued by a Parish Connétable (for more details on licenced displays, please see below).
The Regulations propose prohibiting the use of fireworks anywhere in Jersey during “night hours.” It is currently proposed that night hours be defined as 11pm to 7am. Exceptions would be made in the Regulations for certain occasions, including Bonfire Night, New Year’s Eve and on national public celebrations or commemorative events. The Minister for Home Affairs would also be able to make an Order adding additional times, having liaised first with the Comité des Connétables. Any such times would be known to the public.
New requirements would be placed on any person intending to operate certain types of firework display, irrespective of whether or not the display is to take place on public or private land. The Parish Constables would be given a role in respect of licensing any such firework display. The proposed Regulations would include some requirements that a person would need to meet before a licence is granted to them and outline some conditions which a Connétable may include as part of a licence. A person granted a licence to operate a fireworks display would need to bring this to the attention of the public of Jersey.
There would still be circumstances where a person is not required to obtain a licence for a display. Small displays in private gardens which only use low hazard and certain medium hazard fireworks wouldn’t be impacted.
Public meeting dates
- Monday 27 November 12pm to 2pm (Venue to be confirmed)
- Tuesday 3 December 6pm to 7.30pm
How to submit comments to the consultation
Complete the online form (in conjunction with the consultation document)
In writing/by post to:
Fireworks and Pyrotechnic Articles Consultation
Strategic Policy, Performance and Population
Government of Jersey
19-21 Broad Street