Licensing of fireworks suppliers9

1

Subject to paragraph (2) below, no person shall supply or expose for supply any adult firework, save in accordance with a licence granted under this regulation.

2

Paragraph (1) above shall not prohibit the supply or exposing for supply, otherwise than in accordance with a licence, of adult fireworks—

a

on the first day of the Chinese New Year and the three days immediately preceding it;

b

on the day of Diwali and the three days immediately preceding it;

c

during the period beginning on the 15th October and ending on the 10th November; or

d

during the period beginning on the 26th December and ending on the 31st December.

3

An application for a licence under this regulation shall be made to the local licensing authority in whose area the applicant proposes to supply or expose for supply adult fireworks.

4

A local licensing authority shall not grant a licence unless it is satisfied that the applicant holds either—

a

a licence under section 5 of the Explosives Act 187513; or

b

a registration in accordance with section 21 of that Act.

5

A local licensing authority may refuse to grant a licence, or may revoke a licence which it has granted, if the applicant has committed—

a

an offence under section 11 of the 2003 Act;

b

an offence under section 12 of the 1987 Act arising from a contravention of the 1997 Regulations;

c

an offence under sections 4, 5 or 32 of the Explosives Act 1875; or

d

an offence in relation to the use, storage or keeping of fireworks under the Health and Safety at Work etc. Act 197414.

6

Where a local licensing authority refuses to grant a licence, or revokes a licence, it shall notify the applicant of its decision.

7

A local licensing authority may charge a fee not exceeding £500 a year in connection with the grant of a licence under this regulation.

8

A person may appeal to the court against a decision of a local licensing authority to refuse to grant him a licence, or to revoke a licence, and any such appeal shall be made within 28 days of the decision in question being notified to that person.