A Guide to the Retail Sale of Fireworks in Hillingdon, including

Licensing, Categories of Fireworks and Age Restriction

The Explosives Regulations 2014

The Explosives Regulations 2014 came into effect on 1 October 2014. They bring
together the requirements of health and safety related explosives laws into a
framework based around common topics such as authorisation, safety, security and
placing on the market. They impose storage requirements for explosives, including
fireworks.

Failure to meet the requirements of the law relating to the sale and storage of
explosives (including fireworks) may render traders liable to prosecution, with
severe penalties upon conviction.

These pages summarise the requirements of a license for the storage of fireworks sold
in retail premises to members of the public. It is important you also read and
understand your responsibilities in relation to the safe storage of explosives.

Please note: The recommendations and requirements in this document have been
updated to reflect those made under the new overarching Health and Safety Executive
(HSE) explosive guidance document L150 which can be found here: Guidance on
Regulations – Safety provisions. To assist local business, where the HSE has issued
no further specific sub-sector guidance for firework storage under the new Explosive
Regulations 2014, we have referred to that provided under the previous Regulations
and Approved Code of Practice to ensure consistency of regulatory advice and action.

Licensing
The quantities in the Regulations refer to Net Explosive Mass (NEM) (sometimes also
referred to as Net Explosive Content (NEC) or Quantity (NEQ)) which is the actual
mass of explosive contained within the fireworks. This is not the same as gross weight,
which includes all the fireworks' immediate packaging, casings, sticks etc. If you do not

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know the net explosive mass of a firework, it is taken to be ¼ of its gross weight e.g. if
fireworks weigh 1000kg gross weight, they will have a net explosive mass of 250kg.

In general, any person who stores explosives (including fireworks) must hold a licence
to do so. There are some exemptions, for example, the storage of very small quantities
of specific explosives such as sparklers, and where certain explosives are stored only
for very short periods.

In most cases, if your business wishes to store and sell fireworks you will need to apply
for a storage licence from Hillingdon Council. Where the storage exceeds 2000kgs
(NEM) of fireworks on one site, or where you cannot comply with the ‘fixed rule’
separation distances in the Regulations you will need to apply to the Health & Safety
Executive (HSE).

How do I apply for a licence for the storage of fireworks?

In Hillingdon, the Applications Processing Team administers firework storage
licensing on behalf of the Trading Standards Service. An online application form must
be completed and returned with the correct fee (which the HSE set). The application
can be refused, amended or revoked once issued, should the place of storage be
unsuitable or the applicant be deemed an unfit person to store fireworks.

How much can I store under a Licence?

For the purposes of storage, legislation determines the amount of fireworks that can
be stored together and under what conditions. The legislation defines fireworks as a
Hazard Type depending on the hazard they pose in manufacture and storage
conditions. The quantities will depend upon the Hazard Type, HT1, HT2, HT3, or HT4.
Consumer fireworks typically fall under Hazard Type 4 (HT4) or Hazard Type 3
(HT3).

Hazard Type 4 means:

 those explosives which present only a relatively low explosives hazard in the
event of ignition or initiation, where no significant blast or projection of
fragments of appreciable size or range is expected.

You can store up to 250kg NEM of Hazard Type 4 fireworks (commonly known as
“garden fireworks” having a minimum spectator distance of either 5 metres or 8
metres) without any storage separation distances applying. If you intend to store more

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than this amount then you must ensure you can comply with the separation distance
requirements set out in Schedule 5 of the Explosive Regulations and summarised at
the end of this document.

For the purposes of transport and packaging, the legislation has given all fireworks a
UN classification number, depending on their potential hazard. For consumer
fireworks, this will be 1.3G or 1.4G and that will be shown on the side of the firework’s
original box as an orange diamond with the UN number inside. Most fireworks sold in
retail premises are labelled 1.4G and classified as Hazard Type 4 (HT4).

We remind you that this is the maximum quantity that you may store. In some
circumstances, you will not be able to keep this amount for safety reasons and you
must keep a reduced amount.

If you store fireworks that are more powerful, labelled as 1.3G on their transit boxes,
these are classified as Hazard Type 3 (HT3). These larger fireworks, commonly
known as “display” fireworks for open areas such as large gardens or fields, normally
require a safety distance from spectators of at least 25 metres.

Hazard Type 3 means:

 those explosives which give rise to considerable radiant heat or which burn to
produce a minor blast or projection hazard.

We do not recommend the sale of these to the public as few people have private
gardens that are big enough to allow safe use of the explosives.

If you store any HT3 fireworks, there may be a reduction in the overall quantity that
you can store. The rules for storage will also be different, so you will need to contact us
for further advice. (See further guidance on Hazard Type 3 later in this guidance).

If you store a mixture of HT3 and HT4 fireworks, then the explosive amount is
calculated as if it were all HT3 e.g. if you have 50kgs NEM of HT3 fireworks and 200kg
NEM of HT4 fireworks, they will be treated as if they were all HT3. That would make it
a total of 250kg NEM HT3 and the appropriate separation distances will apply.

You cannot sell Hazard Type 2 fireworks to members of the public. Professionals use

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these fireworks under tightly controlled conditions for large organised display events.

Exemptions
There is no need for a licence for the storage of up to:
 5kg (NEM) – equivalent to 20kg gross of fireworks; or
 100kg (NEM) – equivalent to 400kg gross fireworks of Hazard Type 3 -
provided that they are stored for no longer than 3 days in their place of intended
use; or
 50kg (NEM) – equivalent to 200kg gross fireworks of Hazard Type 4 - provided
that they are stored for no longer than 21 days and are not for sale or for use at
work.

How must I store the fireworks?

Any person who stores fireworks must act appropriately to;
 prevent fire or explosions;
 limit the extent of fire or explosion including measures to prevent the spreading
of fires and the communication of explosions from one location to another; and
 protect people from the effects of fire or explosion (including blast and smoke
effects).

Safety measures include:

 controlling sources of energy that could initiate a fire or an explosion (‘sources
of initiation’) and the circumstances that could bring an initiation about;
 taking steps to prevent fires spreading or explosions communicating, and
limiting the amount of explosives involved;
 considering the number of people who might be affected by an explosives
event;
 having emergency procedures and equipment in place;
 taking steps to ensure people can quickly escape in the event of a fire; and
 making provision to protect them from the effects of a blast or other explosion
effect.

Safety measures will often be straightforward to identify and to implement. For

example, in a store holding a smaller quantity of HT4 fireworks:
 to prevent a fire or an explosion:
o exclude sources of ignition such as naked flames and heaters;

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  to limit the extent of the fire or explosion:
o keep the articles away from stocks of combustible or flammable
substances;
 to protect people from the effects of fire or explosion:
o ensure that the building can be effectively evacuated and that
information on the building’s contents could be provided to the
emergency services.

Safety measures must continue to be effective whenever explosives are present. As

part of those measures, this means that anyone storing explosives will need to
understand how their appropriate measures can fail and have suitable arrangements
in place to ensure their preventative and protective measures remain effective.

You must identify the safety measures and implement them before you begin any new
or changed explosives operation (i.e. storage).

Employers must consult all their employees (either directly or via safety
representatives), in good time, on health and safety matters. You must consult
employees on:
 risks arising from their work;
 proposals to manage and/or control these risks;
 the best ways of providing information and training.

Employers can ask employees and their representatives what they think the hazards
are, as they may notice things that are not obvious and may have some good, practical
ideas on how to control the risks.

No person who stores explosives shall permit a person under 18 years to work
in that storage area except under appropriate supervision.

Common Safety Principles

You should apply the following ‘common principles’ to ensure the safe storage of
fireworks:
 protect the fireworks from sources of ignition;
 prevent any outbreak of fire from spreading;
 avoid unsuitable storage conditions;

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  ensure accurate control and record keeping requirements; and
 ensure a good standard of housekeeping.

Where must fireworks be stored?

You can keep fireworks in the building (shop) from which you sell them and where
suitable conditions are available. They may also be stored outside in suitable
buildings/containers. The location of any storage facility should ideally be on the
ground floor with consideration given to reducing the distance that you take the stock
to the point of sale.

Fireworks should not be in any place that would put emergency services at
unacceptable risk or hinder escape from the premises; for instance, they must not be
stored in a cellar, or basement, or in or under a staircase or escape route.

In licensed premises, you increase the risk of a fire involving or spreading to fireworks
due to the other activities that take place in the working environment, including the
presence of members of the public.

It is, therefore, imperative that you put control measures in place to prevent the
accidental ignition of the fireworks and to restrict the spread of fire, should one break
out. You can achieve these objectives by segregating the fireworks from sources of
ignition/heat, other combustible/highly flammable goods and public access.

For any storage of fireworks, you must ensure that:

1. you keep all fireworks and their storage locations well away from combustible
and flammable substances. These are materials that can easily catch fire and
burn (for example, bulk quantities of paper and cardboard, dry powders
(including some foodstuffs), nylon stockings etc.), and hazardous substances
(for example, lighter fuel, aerosols, white spirit, drain cleaner, fertilisers, paint
or matches, etc);
2. the fireworks are kept in closed transport packaging i.e. the brown cardboard
transport boxes that they are delivered in;
3. smoking is not allowed in or near the stored fireworks;
4. lighters and matches are not permitted in the storage area;
5. sources of heat, such as portable heaters, are kept well away from fireworks;
6. any electrics or lighting do not pose a risk of ignition. You must remove

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 electrical equipment (other than light fittings and fire detection equipment)
and blank off plugs. N.B. Light fittings that are used should not contain
incandescent light bulbs.
7. electrics and lighting in storage cabinets and containers in which fireworks are
stored must be disconnected;
8. fireworks are not emptied into metal dustbins;
9. the fireworks are protected from damp and chemical contamination;
10. entry to the room or store used for storage of the fireworks is restricted to
those members of staff who need to be there;
11. the storage area must be kept clean of loose powder and unwanted empty
packaging;
12. the quantities of fireworks being stored and handled in areas where people
work or gather is kept to a minimum and controlled;
13. there are adequate, accessible and unobstructed fire escapes allowing
people to escape quickly;
14. external stores are equipped with suitable lightning protection (unless the
storage of the fireworks is temporary, for example, for no more than a few
weeks on a seasonal basis);
15. a suitable fire warning system and fire detection system is installed. This
should be suitable for the site and appropriate to the level of risk presented.
For example, a battery operated smoke alarm may be appropriate in a small
shop storing a small quantity of fireworks where no one lives above or
adjoining to the premises, but this would be inadequate for larger firework
stores or premises including residential accommodation;

Segregation
Methods of segregation can include the storage of fireworks in:
a) an ISO transport container (or similar fully enclosed metal structure preferably
located in an external position);
b) a dedicated storeroom;
c) a fully enclosed substantial (small gauge) wire mesh compound (see further
guidance below on roller (mesh) cages);.
d) a demarcated area (for limited quantities not exceeding 75KG NEM) in
sealed/resealed transport boxes; and
e) a substantial cupboard, cabinet, container or display case (we recommend a
wooden cabinet or similar material which will not transfer any external heat from

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 a fire through to the fireworks stored inside as quickly as a metal cabinet may).

NOTE: If you do use a strong & robustly constructed metal container for the storage of
Hazard Type 4 fireworks, it may have a ‘severe confinement’ effect that will increase
the hazard to Hazard Type 3. HT3 fireworks will reduce your permitted maximum NEM
amounts and impose a separation requirement. Contact us for further advice.

Ensure that you completely enclose any container or enclosure on all sides and it is
substantially constructed. It must be suitably located and be well away from flammable
or hazardous substances. You must ensure that the place of storage is suitable for the
quantity of fireworks that you are storing. Members of the public must not be able to
gain ready access to the stored fireworks or to the areas where you keep fireworks.

There must be at least half an hour fire resistance between the fireworks’ store and the
public sales area of the shop. The segregation methods listed above may not
adequately restrict the spread of fire, so it may be necessary for the storage place to
be constructed from materials achieving a half hour standard of fire-resistance (for
example, a breeze block, stud partition or other suitably constructed wall).

Fire Resisting Separation

Alternatively, fire-resisting separation may be essential if the building comprises more
than one storey, and you use it to store other combustible or highly flammable goods,
or there is no separation of the general storage section from the retail area by a
fire-resisting wall. The steel fabrication of ISO containers means these are NOT
suitable for the storage of fireworks where a fire resisting enclosure is necessary.
Contact us, or your local Fire Brigade, for further advice.

Fire Fighting Equipment

The provision of firefighting equipment as part of the overall fire risk assessment for
explosive storage may safeguard personal escape, or maintain protection whilst
others escape. One 9-litre water extinguisher or a 3kg dry powder extinguisher may be
suitable for firefighting of this type as they are simple to use, do not pose major
incompatibility issues with the types of explosive used in retail fireworks and have
limited duration. Do not supplement these by additional extinguishers as this may
encourage those fighting the fire to stay longer than it is safe to do so.

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Maintenance
All extinguishers must be properly serviced and maintained. You should visually
inspect extinguishers for damage monthly and you must service them once a year.
Discharge and refill water, foam and powder extinguishers every five years.

BS5306:3 2009 is a British Standard Code of Practice that gives detailed

recommendations on current best practice for the commissioning, installation, service
and maintenance of fire extinguishers. Most professional Service and Maintenance
companies operate to this Code of Practice and issue Certificates of Compliance to
BS 5306:3 2009 for the work done.

Irrespective of whether you choose to operate to BS5306:3 2009, employ external

Contractors for Service, or conduct Servicing at the recommended intervals, if you are
a Business, you must be able to demonstrate to a Fire Safety Inspector that you have
a “suitable system of maintenance”. In addition, that you have taken appropriate
actions “so far as is reasonably practicable” to safeguard your premises, employees
and visitors from fire.

In general, the manufacturer’s instructions will tell you what you need to do to keep
your extinguisher in good working order. After you have used an extinguisher, even if
only partially, you should recharge it according to the manufacturer’s instructions.

For the yearly maintenance you should use a company registered by the British
Approvals for Fire Equipment (BAFE). BAFE is a Government recognised national
organisation. You can get details of approved products and advice from:

British Approvals for Fire Equipment,

48a Eden Street,
Kingston upon Thames,
Surrey, KT1 1EE
(Tel: 0181 541 1950).

Note. They can also supply a list of companies approved by them to service portable
fire extinguishers.

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Fire Risk Assessment
Fire Risk Assessments (FRA) are a legal requirement of the Regulatory Reform (Fire
Safety) Order 2005 (RRO). The legislation requires the responsible person to look at
(risk assess) the fire precautions within their premises.
The Health & Safety Executive has produced a 'Fireworks in shops retailers risk
assessment checklist' that can be used as part of this risk assessment. A copy is
available on the HSE website http://www.hse.gov.uk/pubns/indg407ch.pdf

In the event of fire involving fireworks or other explosives, the hazards may
include smoke and hot toxic gases as well as flames and burning projectiles.
The speed at which these may spread through a building will also exacerbate
the danger.

The general areas to look at are:

 Means of detection & giving warning in case of fire
 Means of escape
 Means of fighting fire
 Staff training
 Maintenance and recording.

5 steps to risk assessment

Step 1 - Identify any fire hazards
Step 2 - Identify who could be harmed
Step 3 - Evaluate the risks
Step 4 - Record the significant findings
Step 5 - Review and revise assessment

Step 1 – Identifying fire hazards

3 areas should be looked at:
 Ignition sources – electrical, cooking, smoking, hot surfaces, arson, naked
flames, etc.
 Fuel sources – flammable solids, liquids & gases
 Oxygen sources – Present in the air, but also from oxidising agents/chemical
products, etc.
Walk around your premises and identify all areas which have the potential to
contribute to a fire.

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Step 2 - identifying people at risk
If a fire was to start, look at the people who would be at risk. Do they have any special
needs? Consider:
 Workers, Customers, Visitors, Contractors
Pay attention to people at risk such as:
 Disabled
 Elderly
 Lone workers
 Working out of normal hours
 People in isolated areas.

Step 3 - evaluate, remove, and protect from risks

Consider the measures needed to prevent fire by:
 Evaluating the likelihood of a fire occurring
 Evaluating the risk to people from a fire starting somewhere in the building
 Removing or reducing the hazards that may cause a fire
 Removing or reducing the risk to people from a fire
Look at the measures within your premises to protect people from fire. Are they
suitable and sufficient? These measures include:
 Fire detection and warning systems
 Means of escape (escape routes, fire resistance, fire doors, etc)
 Fire fighting equipment
 Signs and notices
 Lighting (normal and emergency)
 Staff training
 Maintenance

Step 4 - record, plan, instruct, inform & train

If 5 or more people are employed, or your premises are licensed, the significant
findings of your risk assessment and control measures must be recorded.

A plan of “Action to be taken in an emergency” should be produced. The plan should

be:
 Based on the outcomes of your fire risk assessment
 Appropriate to your premises

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  A plan of exactly what you want your staff to do in an emergency
 Available to all relevant persons
Give all staff information and instruction on what to do in an emergency. Give this:
 As soon as possible after appointment; and at
 Regular intervals thereafter.
The information and instruction must include:
 Significant findings of your risk assessment
 Measures in place to reduce risk
 Action to take in the event of a fire
 Identity of people nominated with fire safety responsibilities
 Any special arrangements for serious imminent danger
Staff Training should include:
 Action on discovering a fire
 How to raise the alarm
 Action on hearing fire alarm
 Procedure for alerting members of the public/visitors
 Evacuation procedure to reach the assembly point
 Location and, when appropriate, use of fire fighting equipment
 Importance of closing fire doors
 Isolation of machinery
 Reason for not using lifts (unless specifically designed for evacuation)
 Information on specific hazards in your premises

Co-operation & Co-ordination

In multi-occupied premises, it is important that you liaise with the other occupiers and
inform them of any significant risk you have identified. You should co-ordinate your
resources to ensure your actions and working practices do not place others at risk in
the event of a fire, and that the co-ordinated emergency plan operates effectively.

Escape Routes/Travel distances

You must confirm that the number and location of existing emergency exits are
adequate. This is normally determined by the distance people have to travel to reach
them. In new buildings that have been designed and constructed in accordance with
modern building standards, the travel distances will already have been calculated.
Once you have completed your fire risk assessment you need to confirm that those

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distances are still relevant. When assessing travel distances you need to consider the
distances people travel when escaping, allowing for walking around furniture or
display material etc. The distance should be measured from all parts of the premises
(e.g. from the most remote part of an office or shop on any floor) to the nearest place of
reasonable safety that is:
 A protected stairway enclosure (a storey exit);
 A separate fire compartment from which there is a final exit to a place of total
safety;
 The nearest available final exit

Suggested travel distances

Where more than one escape route is provided:
 25m in higher fire-risk area.
 45M in normal fire-risk area.
Where only a single escape route is provided:
 12m in higher fire-risk area.
 18m in normal fire-risk area.
The travel distances given above are based on those recommended in Approved
Document B of the Building Regulations 2000 and are intended to complement the
other fire safety recommendations in Approved Document B

Most retail premises will fall within “normal” or “low” risk fire categories with the escape
routes and travel distances suitable for the relevant risk category. However, the
introduction of fireworks may well increase the risk to “high”. For example, in premises
with a single exit route distance of 25 metres for a normal risk situation, this is reduced
to a distance of 12 metres for the “high” risk situation created by the presence of
explosives.

Contact your local Fire Brigade for further advice on fire risk categories and fire risk
assessment.

Exit doors
Exit doors (other than those in domestic premises) should open outwards, be easily
pushed open and be accessible without the use of a key, card or code whilst the
building is occupied.

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Exit doors should never be blocked or obstructed. There should be a flat area of at
least 1 m immediately around the outside of the exit door. All escape routes and exits
must be clearly marked and identifiable.

Roller (Mesh) Cages (50mm or 25mm)

You can use these in certain circumstances. It is advisable to position the cages
exclusively in either a room, or enclosure, separated from the rest of the premises by a
fire resisting partition, or where there is the provision of an effective automatic fire
detection and suppression system. The use of 50mm or 25mm gauge mesh cages
would be acceptable where you can meet either of these conditions.

Where there is no fire detection system or only one escape route from the premises,
then the use of mesh cages is not acceptable.

If you use a cage, fireworks must only be stored adjacent to articles or materials that
are incombustible or that would not readily catch fire. Alternatively, leave sufficient
empty space between the fireworks and other combustible items.

Where cages are used in an area where you store other goods, the fireworks need to
be kept under regular supervision and limited in quantity.

Where cages are used, take the following measures:

 the cage must fully enclose the contents (i.e. including an integral top of the
same gauge);
 the cage must be in good condition with no breaches in the integrity of the
mesh;
 any plastic hinges and securing mechanisms should be properly reinforced with
wire to prevent the premature failure of the gate;
 the fireworks must be kept in their closed transport cartons;
 the cage gate must be kept securely closed except when the fireworks are
being handled;
 the top of the cage must not be used to store other commodities or used
packaging materials etc.

Storage near sleeping accommodation

If fireworks are kept in a store within or adjoining a building containing domestic or

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sleeping accommodation, suitable steps must be taken to protect the residents of
those premises in the event of fire. In particular, if you keep more than 75kg NEM of
Hazard Type 4 fireworks in such circumstances, then you should take the following
precautions:
1. A mains powered fire detection system must be installed in the shop and
alarmed in the domestic area (so that occupants can be alerted to any
activation of the alarm);
2. The domestic parts of the building must have access / exit routes that are
fire-separated from the firework store;
3. There must be suitable fire separation between the firework store and the
domestic accommodation (for example, doors and floors/ceilings offering 30
minutes fire resistance); and
4. Be able to close off the store and secure it from the domestic part of the
property. This will prevent unauthorised access (including access by children
connected with the domestic accommodation) and prevent the accidental
introduction of sources of ignition.

External Storage - Metal ISO Shipping Containers

If you use an ISO shipping container (or a similar fully enclosed metal storage unit) or
a substantial building (not wood) for firework storage in an area outside of the shop,
then:
1. It must be kept in an area away from public access;
2. Measures must be taken to prevent smoking in the immediate area of the
container;
3. Where it is necessary to use an area of a car park, it is essential to take
measures to prevent arson or other malicious attack. Keep the container under
constant supervision, or take other physical measures.to prevent unauthorised
access to the area around the container;
4. Cars and vehicles must not be permitted to park within 3 meters of the
container;
5. Where a container is kept in a location where moving vehicles are present,
such as a car park or in a goods delivery yard, it is important to put it in a
suitable place in order to reduce the risk of it being hit by vehicles;
6. Place Fire Division 4 (Orange Diamond) signs on the container in order that
firefighters can safely identify that the container contains fireworks.

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Storage and Display of Fireworks in a Retail Environment (Sales Area)
It is permissible to keep small quantities of fireworks in the sales area where the public
have access. Fireworks on the shop floor must be kept in a designated area as per
your submitted floor plan, well away from sources of ignition, and in a display case or
storage or cabinet which staff can supervise at all times whilst the shop is open to the
public. Please keep display cabinets at least 1m away from any live electrical
appliance such as, for example, tills, photocopiers, fridges or freezers etc.

DO NOT ASSUME ANY DISPLAY CABINETS YOU MAY HAVE USED BEFORE, OR
LOCATIONS YOU MAY HAVE USED BEFORE, ARE AUTOMATICALLY
ACCEPTABLE.

If you store fireworks on the shop floor:

 keep them in suitable closed display cases, storage cupboards or cabinets;
 keep them in a designated area well away from sources of ignition (for
example, naked flames and portable heaters).
 do not allow smoking anywhere where you store or sell fireworks; and
 display 'no smoking' notices.

Display cases and cabinets must:

1. Be made of metal or a material that does not readily catch fire, such as wood;
2. Be completely enclosed on all sides. This includes not having any gaps in the
sides of the cabinets and having backs on counters;
3. Be designed to protect against sparks and other sources of ignition;
4. Not permit unauthorised access to the fireworks by members of the public
(normally, this would mean using lockable cases that are locked when
unattended);
5. Not be used to store any goods other than fireworks except any instructions or
safety literature;
6. Not contain lights or other electrical fittings (such fittings must be disconnected
and measures taken to prevent the apparatus being inadvertently
reconnected);
7. Be kept clean and dry; and
8. Be located in a position such that there is no obstruction of fire escape routes.

Small quantities of party poppers, toy caps and Christmas crackers may be kept on

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open display in their retail packaging as they contain only small amounts of explosive.

Hazard Type 3 Fireworks (HT3) fireworks pose a greater risk than Hazard Type 4, so
the storage conditions are stricter. The UN Hazard Type 3 warning symbol (an orange
diamond), located on the manufacturers’ transit boxes, identifies such fireworks.

IF YOU SEE THE NUMBER 3 TAKE PARTICULAR CARE

Some manufacturers provide appropriate purpose-built metal cabinets and/or

“pyromesh” wire mesh packages for Hazard Type 3 fireworks. When these HT3
fireworks are stored in their sealed transit boxes in their designated metal
cabinets/cages, they revert to Hazard Type 4 fireworks for storage purposes. In such
conditions, your total allowable storage (HT3 plus HT4) would remain at 250 kgs
without the need to consider separation distances.

As soon as the designated cabinets/wire mesh packages are opened, however, and
the HT3 fireworks removed, your total allowable storage (HT3 and HT4) is classed as
an HT3 storage and separation distance restrictions will apply.

Therefore, you must ensure that all HT3 fireworks are stored as detailed above
and only brought out during the moment of sale.

Transit boxes, metal containers/mesh packages for HT3 fireworks must be re-sealed
after each opening/sale.

You may not store more than 25kg (NEM) of Hazard Type 3 fireworks unless you
are able to separate them from any dwelling or public area (including footpaths,
roads & rail lines).

If the storage exceeds 25kg NEM of HT3, then the entire stock of fireworks whatever
hazard category must meet the separation distances.

How much may I keep in the sales area?

You must ensure that you only keep safe levels of fireworks in the sales area. As
guidance, we recommend the amount on the shop floor does not exceed the levels set
out in the following table:

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 Total floor area of the sales
Quantity (NEM kg)
area (square metres)
Up to 20 12.5
Up to 40 15
Up to 60 20
Up to 80 25
Up to 100 30
Up to 150 35
Up to 200 40
Up to 250 45
Up to 300 50
Up to 350 55
Up to 400 60
Up to 450 65
Up to 500 70
Over 500 75

We do caution that these are recommended maximum quantities that may be kept. In
certain circumstances, for example, where significant quantities of flammable
materials are present, you will need to reduce the amount that you store in accordance
with any fire risk assessment.

Each storage cabinet or display case must hold no more than 12.5kg NEM. Where
your total floor space allows more than 12.5 KG NEM to be stored on the shop floor
then your fireworks should be divided between multiple cabinets/cases, each holding
no more than 12.5kg NEM.

Sparklers & Toy Caps

 Sparklers and Toy Caps are classed as ‘Explosives’, however, if the total
explosives storage is less than 5kg NEM, then they are exempt from licensing.
 Sparklers must be stored as an explosive.
 Toy Caps may be stored openly on shelves.

Labelling of fireworks
All fireworks must carry certain labelling information including the name and address
of the manufacturer/importer, the name, type and category of firework, instructions for

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use and any required warnings.

Check that the fireworks you stock and offer for sale state that they comply with BS
7114 or BS EN 14035 or have a CE marking to show that they are safe and conform to
European safety standards.

Sparklers must carry the additional warning:

Warning: not to be given to children under five years of age

Firework Classifications - Category F1, F2, F3 and F4

A firework usually gets its category as a result of its gunpowder content, weight, size
and how far it ejects debris. All fireworks on sale to the public have to be extensively
tested and classified as either Category 2 or 3. These classifications also impose a
noise limit and ensure the firework has a safety fuse and clear instructions on the
label.
 
Category F1 refers to fireworks which pose a minimal hazard and negligible noise
level and which are intended for use inside domestic buildings.

Category F2 (garden fireworks) and Category F3 (display fireworks) are those which
can be sold to the general public. A consumer firework will fall into one of those two
categories depending on how much of a safety distance it requires. Category 2 items,
require the smallest distance, which is 5 or 8 metres. Category 3 items require the
greatest safety distance which is 15 or 25 metres.

Category F4 fireworks are for professional use only. These can include aerial shells
and other items banned for sale to the public. Many category 4 fireworks are supplied
without a fuse and are extremely dangerous to the untrained.

Display Notices
The Fireworks Regulations 2004 require the display of a notice at all premises that
supply or expose for supply any Category F2 or Category F3 fireworks. The size of the
notice shall be not less than 400mm x 300mm (size A3), with letters at least 36 mm
high. You shall display the notice in a prominent position, stating the following:

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 IT IS ILLEGAL TO SELL CATEGORY F2 FIREWORKS OR CATEGORY F3
FIREWORKS TO ANYONE UNDER THE AGE OF 18

IT IS ILLEGAL FOR ANYONE UNDER THE AGE OF 18

TO POSSESS CATEGORY F2 FIREWORKS OR CATEGORY F3 FIREWORKS
IN A PUBLIC PLACE

We have produced a poster that you can find at:

http://www.hillingdon.gov.uk/media/15611/sign---It-is-illegal---sellpossess---under18/
pdf/sign_-_sell_possess_-_under18.pdf

Housekeeping & stock control

You should remove empty cartons from the storage area and stack them in an area
that will not add to the risk of fire spread should a fire occur. Some should be retained
undamaged elsewhere so that any unsold stock can be returned to the supplier in the
original transit packaging.

You should keep the firework storage area clean and dry, and stack or lay out the
transit boxes in such a way that will make the selection of individual items or selection
boxes easy without causing damage to the boxes. Reseal the boxes once you have
removed any stock.

Record keeping - Large Sales

A member of the public can purchase up to 50kg NEM of fireworks. However, no
person can purchase more than 50kg NEM of fireworks without a valid licence
to store them.

If you sell or supply more than 50 kg NEM of any type of firework in a single transaction
you must see the licence held by your customer and you must take a copy or record
the issuing authority and unique licence reference number, along with the following
information for your records:
 name and address of your customer;
 date you supplied the fireworks;
 actual quantity and type of firework supplied;
You should keep this information for a period of 3 years.
The Law
The following fireworks must not be supplied to the general public:
 All Category 4F fireworks (fireworks for professional use) or any other firework

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 that does not meet Safety Standard BS 7114 or the EU equivalent.
 Aerial wheels
 Bangers, flash bangers or double bangers
 Jumping Crackers
 Jumping ground spinners
 Spinners
 Mini rockets
 Shot tubes - e.g. air bombs, that produces a loud noise as its main effect and/or
has an inside diameter greater than 30mm
 A battery containing bangers, flash bangers or double bangers
 A combination (other than a wheel) which contains one or more bangers, flash
bangers or double bangers

What are the age restrictions applicable to the sale of fireworks?

The Pyrotechnic Articles (Safety) Regulations 2015 prohibit the supply of category F2
(outdoor use - confined areas) and category F3 (outdoor use - large open areas)
fireworks to any person under the age of 18. The Regulations prohibit the supply of
category F1 (indoor use low-hazard low-noise - party poppers etc) fireworks to any
person under the age of 16. An exception is made for Christmas crackers, which must
not be supplied to any person under the age of 12. Caps for toy guns are exempt from
fireworks legislation.

Age-restricted sales - keeping within the law

The law has defences available, namely that the person accused took all reasonable
precautions and exercised all due diligence to avoid committing an offence. It is your
responsibility to keep within the law and to have systems in place that will act as a 'due
diligence' defence to an allegation that a sale has taken place to a person under the
minimum legal age.

Offences are of strict liability, which means that they can occur even when the
business owner is not on the premises. To avoid committing an offence, we advise
that you bring the legislation to the attention of all staff via regular training. It is
important that you can prove that your staff understands what is required of them
under the legislation. You can do this by keeping a record of the training and asking
the members of staff to sign to say that they have understood it. The manager or the
owner should then check and sign the records on a regular basis.

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Advise members of staff that they themselves might be personally liable if they sell to
young persons in breach of the legal requirements.

Always ask young people to produce proof of their age. The Chartered Trading
Standards Institute, the Home Office and the Association of Chief Police Officers
support the UK's national Proof of Age Standards Scheme (PASS), which includes a
number of card issuers. You can be confident that a card issued under the scheme
and bearing the PASS hologram is an acceptable proof of age. Photo driving licences
and passports are also acceptable as proof of age.

If there is doubt, the sale should not be allowed to take place.

Offences
It is a criminal offence:
 To store fireworks on premises which do not have the correct licence from the
Council. The Council can only license ‘fixed’ premises, so you cannot sell
fireworks at market stalls, car boot sales or other temporary sales points;
 To sell or expose for sale any fireworks upon the highway, street or public
place;
 To sell fireworks to persons under the age of 18 years (caps, novelty.matches,
‘party poppers’ and ‘throwdowns’ remain at 16 years);
 To display for sale or sell fireworks outside of the following periods:
o Between 15th October and 10th November;
o Between 26th and 31st December;
o First day of Chinese New Year and the 3 days prior;
o Diwali and the 3 days prior
unless you have an additional licence permitting sales all year round.
 To split retail boxes of fireworks and sell the fireworks individually – since the
statutory and warning labelling (for safe usage) may be on the box only and not
on the individual fireworks.

Penalties
 It is an offence under the Health and Safety at Work etc Act 1974 to sell
fireworks by retail without a licence or to store unsafely. The penalty is a fine of
up to £20,000 and/or 12 months' imprisonment.
 The penalty for committing an offence of supplying a category 2 or 3 firework to

Page 22 of 27 
 
 any person under 18 years, supplying a category 1 firework to any person
under 16 years, or supplying a Christmas cracker to any person under 12
years, is a fine of up to £5,000 and up to six months' imprisonment.

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 SEPARATION DISTANCES FOR HAZARD TYPE 3 EXPLOSIVE
The distance between a store and any building, place of public resort or major road
shall be the distance specified in the 'Class' columns corresponding to the quantity of
explosives shown in column 1

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Major road - a road used ordinarily by more than 10,000 vehicles every 24 hours.
Place of public resort - a place where more than one hundred persons are present,
or likely to be present, at any one time on a weekly or more frequent basis.

Page 25 of 27 
 
 SEPARATION DISTANCES FOR HAZARD TYPE4 EXPLOSIVE
The distance between a store and any building, place of public resort or major road
shall be the distance specified in column 2 corresponding to the quantity of explosives
shown in column 1.

Page 26 of 27 
 
Major road - a road used ordinarily by more than 10,000 vehicles every 24 hours.
Place of public resort - a place where more than one hundred persons are present,
or likely to be present, at any one time on a weekly or more frequent basis.

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