Part 2Fireworks licensing

Process for licensing

I112Revocation of fireworks licence

1

The Scottish Ministers may revoke a person’s fireworks licence if—

a

the person breaches any condition of the licence, or

b

the person is convicted of a relevant offence (whether or not the convicting court cancelled the fireworks licence under section 13).

2

A person whose fireworks licence is revoked under this section is prohibited from applying for a new fireworks licence—

a

in a case where the licence was cancelled by a court under section 13, within the period specified in section 13(3), or

b

in any other case, within the period of 12 months beginning with day on which the licence was revoked.

3

A fireworks licence is revoked by the Scottish Ministers giving notice of the revocation to the person who has the fireworks licence.

4

A notice under subsection (3) must—

a

be given no later than 7 days before it is to take effect, and

b

require the person to surrender—

i

the person’s fireworks licence, and

ii

any firework to which this Part applies in the person’s possession,

in the manner and by the date specified in the notice.

5

It is an offence for a person, without reasonable excuse, to fail to comply with the requirements of a notice given under subsection (3).

6

A person who commits an offence under subsection (5) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

7

If the Scottish Ministers decide to revoke a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision.

8

If a person appeals under section 14 against a decision to revoke the person’s fireworks licence—

a

the revocation does not take effect, but

b

the person must still comply with the requirements of the notice given under subsection (3),

pending the determination or withdrawal of the appeal.

9

In this section, “relevant offence” has the meaning given in section 7(4).