Fireworks
Application for Dispensation from the Prohibition on the Use of Fireworks During Night Hours under Fireworks (Scotland) Regulations 2004
Licence summary
There is a general prohibition on using fireworks during night hours (23.00 to 07.00) on ANY night except Chinese New Year, Diwali and new Year’s Eve (where fireworks can be used until 01.00) and 5th November (where fireworks can be used until 12 midnight). On other dates any person who is employed by, or in business as, a professional organiser or operator of firework displays, can apply to The Moray Council for a dispensation from the general prohibition. Dispensations can only be granted where the applicant proposes to put on a fireworks display, or to use fireworks at a national public celebration or national commemorative event.
Eligibility Criteria
Applicants must be employed by, or in business as, a professional organiser or operator of fireworks displays.
An application for a dispensation shall be made to the local authority in whose area the applicant proposes to put on an event. Any application for a dispensation must be received by the local authority at least 6 weeks before the proposed event. The application must be made in writing and include:
- the name and address of the applicant;
- a description of the proposed fireworks display, national public celebration or national commemorative event;
- details of the fireworks proposed to be used at the event;
- the proposed location of the event; and
- the proposed date or dates and hours during which fireworks will be used at the event.
Successful applicants will be prohibited from using fireworks in terms of the dispensation unless they give public notice in the prescribed manner of the proposed use no later than 7 days prior to the commencement of the event.
No fee is payable in terms of an application.
Regulation Summary
The Fireworks ( Scotland ) Regulations 2004
The Fireworks ( Scotland ) Amendment Regulations 2005
Application Evaluation Process
The Moray Council must have regard to the need to minimise the risk that fireworks will be used with harmful consequences for people, animals or property, when considering an application for a dispensation to allow the display of fireworks late at night.
Any application for a dispensation received by The Moray Council will be processed as quickly as possible from the time that all of the required information has been submitted.
Will Tacit Consent Apply?
No. It is in the public interest that the Council must process your application before it can be granted. If you have not heard from us within 2 weeks of submitting the application, please contact us at using the details below to check on progress
Apply for dispensation for a fireworks display
Apply online using the link in the Online Services box on this page.
Failed Application Redress
Please contact The Moray Council in the first instance.
Licence Holder Redress
Please contact The Moray Council in the first instance.
Consumer Complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice Consumer Service will give you advice. From outside the UK contact the UK European Consumer Centre.
Trade Associations
Firework Control Zones
A firework control zone is an area within a local authority's boundaries in which it is a criminal offence for a member of the public to ignite a firework, including on private property such as a garden. It is also an offence to fire a firework into the boundaries of a zone; or to knowingly or recklessly throw or cast a lit firework into a zone. This does not apply to category F1 fireworks, which will still be permitted within firework control zones subject to any other legal controls on their use. Category F1 fireworks are indoor or close proximity fireworks with minimal safety distances. These can include sparklers, novelty items, indoor fireworks, and party poppers.
The power for local authorities to designate a place or places as firework control zones within their boundaries came into force on 22 June 2023. This is a key measure within the Fireworks and Pyrotechnic Articles (Scotland) Act 2022, which aims to support a cultural shift in the relationship that Scotland has with fireworks.
Should you feel there is an ongoing problem around fireworks in your area a community request can be made by any community of interest for a Firework Control Zone. In the first instance this should be sent by e-mail to:- communitysafety@moray.gov.uk.
The Council’s Community Safety team will then make contact with you and provide further detail on the evidence and information required to take forward the request. If the process is taken forward there is a requirement for the Council to consult with necessary stakeholders on the proposal in line with the legislation, this process could take a number of months. Further detailed information will be provided by the Council when any request is made.
Contact Details
Licensing Dept
The Moray Council
Council Offices
High Street
Elgin
IV30 1BX
Email: licensing@moray.gov.uk
Tel: 01343 563027
Fax: 01343 540183