The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 introduced discretionary power for local authorities to designate firework control zones.
On 22 June 2023, the Scottish Government issued Guidance on Firework Control Zones for Local Authorities.
A firework control zone is not intended to be a catch-all solution to deal with fireworks issues. It will only be considered where preventative and enforcement tools have proved ineffective. If a local authority and local partners consider a firework control zone to be appropriate, it is expected that a zone would be utilised alongside other preventative and enforcement tools to have maximum effect. Existing approaches and tools utilised by local authorities to deal with issues involving fireworks are:
- Community engagement and awareness raising
- Enforcement activities
- Engaging with young people
Before any decision to designate a firework control zone, or to amend, or revoke an existing firework control zone the local authority must consult with:
- those who live or work in the proposed zone
- other members of the local community in or near the proposed zone; and
- any other persons or bodies that the local authority considers having a connection with, be interested in or affected by the proposed zone.
Once a firework control zone has been designated, responsibility for enforcing the offences under the Act falls to Police Scotland.
Criteria
A request cannot be made by an individual. Applications for consideration of an FCZ can only be submitted by:
- A community of residents (25 signatures)
- A Welfare Group or
- A Community Council
Please note if you are applying on behalf of a community of residents that a lead applicant must be designated. We will only notify the lead applicant of the progress and outcome of the application submitted. Lead Applicants are also required for Community Councils and Welfare groups.
The community request application form will require information on:
- The reasons for the proposed new FCZ, or for amending or revoking an existing zone
- The boundaries of the zone
- The start and end dates required for the zone to take effect
Before submitting you must consult with:
- Those who live or work in the proposed zone
- Members of the local community in or near the proposed zone
Process
A community request for an FCZ can be considered by using our online form.
All community requests that meet the above criteria will be considered by the Falkirk Community Safety Partnership Tactical Review Group.
Only if a request is approved by the Group will the formal process of consulting with the local community begin, as stated in the guidance for consultation on FCZ. All consultations can be viewed on Participate+.
If the request is denied at the application stage, we will provide the reason why. You will then have 28 days to request a review of the decision and be advised of the changes required. Please note that if a request is denied, any other requests that cover the same or similar geographical area cannot be made within 12 months.
A community request cannot be made by an individual, however, complaints about antisocial behaviour concerning fireworks can be reported to Police Scotland by telephoning 101 or 999 depending on severity. Concerns about underage sales, unsafe storage, unlicensed trading and illegal fireworks within the Falkirk Council boundary can be reported to the Council's Trading Standards service:
A community of residents has been defined as 25 supporting signatures. Names and addresses must be provided for all supporting applicants. Supporting applicants may be contacted by us concerning the application. Supporting applicants must be residents within the area in which the FCZ is being proposed. Applications which do not provide details of all supporting applicants will not be processed.
Timelines
Applications must be submitted no later than 12 June 2024 for Firework Control Zones which are required to be operational for November 2024.
All applications will be acknowledged within 5 working days of receipt.
Regardless of the outcome, all reports will include a summary of responses, an analysis of responses received, an analysis of respondents and the Council's reason for the decision taken.
Reviews of designated Firework Control Zones (FCZ)
We will review a designated FCZ. This is to understand how a zone is operating and evaluate its effectiveness in addressing the local issues involving fireworks which led to the designation of the zone.
Upon conclusion of such a review, we will prepare and publish a report of the review's findings and make such proposals about the zone(s), as we consider appropriate. This, for example, could result in no change to the existing zone, or a proposal to amend the zone boundaries or to revoke a zone.
Consultations
All consultations can be viewed on Participate+.
Results
All results will be published on our website. Links to these applications will be provided here when available.
Appeals process
If you wish to appeal a decision, email Trading Standards:
Your appeal should include the following:
- Name, address, contact number and email address
- Location of proposed Fireworks Control Zone
- Reason for appeal