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FIREWORKS: RESTRICTIONS ON SALE - PETITION (P.25/2001): REPORT _______________
Presented to the States on 24th April 2001 by the Home Affairs Committee
______________________________
STATES OF JERSEY
STATES GREFFE
180 2 0 0 1 P .2 5 R p t .
Price code: A
Report
On 28th November 2000, Deputy Dorey of St. Helier asked whether, in view of increasing concerns about public safety and the effect on pets, the Committee planned to seek powers under the Explosives (Jersey) Law 1970 ("the Law"), or otherwise, to prohibit the sale of fireworks to the general public. Furthermore, on 13th February 2001, Deputy Dorey lodged a Petition in which 864 petitioners prayed that all necessary steps be taken to restrict the sale of fireworks to suitably qualified and accredited persons organising public fireworks displays.
My Committee has discussed this matter very carefully and has received the helpful comments and proposals of the Connétable s who, under Article 7 of the Law, are responsible for issuing licenses permitting the retail sale of fireworks. The Connétable s have, for many years, restricted the time during which retail sales of fireworks are permitted to a period of 14 days around 5th November. In 1999, an additional period of sale was permitted just prior to the New Year as it was the Millennium. The conditions on licences also prohibit the sale of fireworks known as "bangers" and fireworks sold must only be suitable for use as "Garden Fireworks".
I am pleased to report that the Connétable s have proposed to limit retail sales in future between 26th October and 5th November inclusive. My Committee fully endorses this proposal, which reduces the previous period by three days. The Connétable s also propose that the setting off of fireworks outside a limited period of three days either side of 5th November should be with the permission of the Connétable of the Parish and only after advising neighbours of the proposals. There are no proposals to legislate to cover this, but the co-operation of everyone is sought, and members of the public should be encouraged to act responsibly and to consider those in the neighbourhood.
In his report, Deputy Dorey considers that the deciding factors ought to be the degree of disturbance, the benefits of the activity and the degree of necessity. Whilst regretting sincerely the degree of disturbance suffered by some members of the public and detailed in the report, my Committee feels that the above restrictions will limit the fireworks "season" to a reasonable period. Regarding the benefits of the activity, there are undoubtedly risks associated with the use of fireworks, as there are with other leisure activities. However, for the majority of people, the perceived benefit outweighs any inherent risk. As to whether there is a need for the activity, my Committee considers that the public would wish to retain a choice as to whether they attend an organised display or hold one at home.
As in all matters, it is important to strike a balance between the enjoyment of private fireworks displays, which are customary around 5th November, and the nuisance this causes, particularly in residential areas. The introduction of further legislation is felt to be inappropriate but it is hoped that responsible members of the community will accept these proposals. Furthermore, under the Policing of Roads Regulations, it is an offence to light fireworks on any road and the Policing of Parks Regulations also limit the lighting of fireworks in any park.