FIREWORKS Citation, commencement and interpretation 1 1 These Regulations may be cited as the Fireworks (Amendment) Regulations 2004 and shall come into force on 1st January 2005. 2 In these Regulations, “the principal Regulations ” means the Fireworks Regulations 2004 . Amendment of regulation 7 of the principal Regulations 2 1 Regulation 7 of the principal Regulations is amended as follows. 2 For paragraph (3)(b), there is substituted— b beginning at 11pm and ending at midnight on 5th November; Amendment of regulation 9 of the principal Regulations 3 1 Regulation 9 of the principal Regulations is amended as follows. 2 For paragraph (1), there is substituted— 1 Subject to paragraphs (2) and (2A) below, no person shall supply or expose for supply any adult firework, save in accordance with either— a a licence granted in respect of each premises under his control at which the fireworks are supplied or exposed for supply; or b a licence granted to him, if the fireworks which he supplies or exposes for supply are kept at premises which are not under his control. 3 After paragraph (2), there is inserted— 2A Paragraph (1) above shall not prohibit the supply or exposing for supply, otherwise than in accordance with a licence, of adult fireworks— a to a person who is employed in, or whose trade or business (or part of whose trade or business) is the supply of fireworks or assemblies, for the purpose of that person’s supplying them in accordance with the provisions of the 1997 Regulations; b to a person who is employed by, or in business as, a professional organiser or operator of firework displays for the purpose of that person’s employment or business; or c to a person who is employed in, or whose trade or business (or part of whose trade or business) is, the transport of fireworks, for the purpose of that person’s trade, employment or business. 4 For paragraph (3), there is substituted— 3 An application for a licence under this regulation shall be made to the local licensing authority in whose area— a the premises concerned are located in the case of a licence mentioned in paragraph (1)(a) above, or b the principal business premises of the applicant are located in the case of a licence mentioned in paragraph (1)(b) above. 5 For paragraph (4), there is substituted— 4 A local licensing authority shall not grant a licence unless it is satisfied— a in the case of an application under paragraph (3)(a) above, that the premises which are the subject of the application, are licensed or registered in accordance with the Explosives Act 1875 ; or b in the case of an application under paragraph (3)(b) above, that the fireworks which will be supplied or exposed for supply by the applicant, will be kept at premises which are licensed or registered in accordance with that Act. 6 For paragraph (7), there is substituted— 7 A local licensing authority shall charge a fee of £500 a year in connection with the grant of a licence in accordance with this regulation. Amendment of regulation 10 of the principal Regulations 4 1 Regulation 10 of the principal Regulations is amended as follows. 2 In paragraph (1)— a after the words “any adult firework”, there is inserted “or sparkler”; b in sub-paragraph (a)— i after the words “adult fireworks”, there is inserted “or sparklers”, and ii for the words “which measures no less than 400 millimetres by 300 millimetres”, there is substituted “which measures no less than 420 millimetres by 297 millimetres”; and c in sub-paragraph (b), after the words “adult fireworks”, there is inserted “or sparklers”. 3 In paragraph (2)(a), after the words “adult fireworks”, there is inserted “or sparklers”. 4 For paragraphs (3) and (4), there is substituted— 3 No person shall supply any adult firework unless he maintains for a period of three years, beginning with the date on which he supplies that firework, a record of the following information— a the name and address of the person who supplied the firework to him; b the name and address of the person to whom he is supplying the firework; c the date when the firework was supplied to him; d the date when he supplied the firework to another person; and e the total amount of explosives contained in the firework supplied. 3A A person who supplies adult fireworks shall, if requested by a local licensing authority within the period mentioned in paragraph (3) above to provide any of the information mentioned in that paragraph, provide to that authority such information as is specified in the request. 4 Paragraphs (3) and (3A) above shall not apply if, in a single transaction, the total amount of the explosives contained in the fireworks supplied is less than or equal to 50 kilograms. 5 In the cross heading, the word “adult” is deleted. Amendment of regulation 12 of the principal Regulations 5 1 Regulation 12 of the principal Regulations is amended as follows. 2 For paragraph (7) there is substituted— 7 In relation to every metropolitan county, the licensing enforcement duty is hereby transferred to the fire and rescue authority for that county and any weights and measures authority for that county or any part of that county is hereby relieved of the licensing enforcement duty. Gerry Sutcliffe Parliamentary Under Secretary of State for Employment Relations, Postal Services and Consumers Department of Trade and Industry 8th December 2004