Bonfire Night 2024: Laws you need to be aware of

Home » News & Knowledge » Bonfire Night 2024: Laws you need to be aware of

Bonfire night is typically an enjoyable event for all the family to get together as the sky is lit up with beautiful colours.

But to keep the public safe and to prevent a nuisance in the neighbourhood, there are several rules and regulations in place.

Fireworks are a class of low-explosive pyrotechnic devices used for aesthetic and entertainment purposes. They are powered with a mixture of chemicals which is how they shoot off into the sky. But this means they need to be carefully regulated to avoid any accidents.

Bonfire night 2023

Rob Crompton, Head of Personal Injury at Oakwood Solicitors said:

“It’s easy to underestimate the injuries that fireworks can cause. Horrific burns can be sustained if care isn’t taken. Unless the specific firework instructions are followed, you could be putting your life, and the lives of loved ones at risk.

“Bear in mind that different fireworks will have different instructions, so do your research before you go out in the pitch-black darkness and start having fun.”

Rules are also in place to limit the hours that fireworks can be set off, to minimise disruption late at night, reduce distress to individuals, animals, and children. We have broken down the rules you need to be aware of this Firework Night.

Bonfire Night – rules to be aware of

Who can buy fireworks?

People from the age of 16 can buy fireworks, but there are rules in place to stay safe.

The Fireworks Regulations 2004 and The Pyrotechnic Articles (Safety) Regulations 2015 states:

Anyone over 18 can buy, carry or use category one, two and three fireworks
Anyone over 16 can only buy, carry or use category one fireworks
Anyone over 12 can buy Christmas crackers
Only licensed professionals can buy, carry and use Category 4 fireworks

Where can I buy fireworks?

You can only buy fireworks (including sparklers) from registered sellers for private use on these dates:

15 October to 10 November
26 to 31 December
3 days before Diwali and Chinese New Year

At other times you can only buy fireworks from licensed shops. You can be fined an unlimited amount and imprisoned for up to 6 months for selling or using fireworks illegally. You could also get an on-the-spot fine of £90.

Can I set off fireworks in public?

Unless part of an organised event by licensed professionals, fireworks cannot be used on the street or in a public place.

It is a criminal offence to set off any fireworks (including sparklers and category 1 fireworks) in or into any highway, street, thoroughfare or public space and you could face serious penalties.

When can I set off fireworks at home?

Fireworks can be used in the UK any time from 7 am to 11 p.m. The police enforce the curfew and any breach can lead to a fine or six months imprisonment. Alternatively, a fixed penalty notice can be issued.

However, on events such as Bonfire Night and New Year’s Eve, the times vary:

Bonfire night: 7 am to midnight
New Year’s Eve, Diwali and Chinese New Year: 7 am to 1 am the following day

The law surrounding fireworks

There are several laws relating to firework-use that are taken very seriously:

Arson

Every year police and fire services report an increase in reports of arson around the bonfire period, where property is destroyed or people are injured by reckless fireworks use. Arson is the criminal act of deliberately setting fire to a property.

Arson (criminal damage by fire) is a criminal offence and can be punishable with life imprisonment for the most serious offences.

Rob Crompton added:

“In some instances, fireworks can be used as a deliberate weapon, which can result in significant injuries caused. In the event this were to happen a claim for criminal injuries can be made.”

Public Liability

If you are injured at a fireworks display, you could be entitled to make a public liability claim. Accidents that occur on property or land owned by somebody else are called Occupiers’ Liability accidents. This can include accidents which occur in buildings, on ‘premises’ or on land which is not controlled by you or your employer.

Premises can include land and buildings, as well as any fixed or moveable structure, and can cover anything from shops, offices, public buildings, aircraft, and houses.

There is a duty of care that is owed to lawful visitors under the Occupiers’ Liability Act 1957 to take reasonable care to ensure that visitors will be reasonably safe when using the premises. The Occupiers Liability Act 1984 covers people other than visitors, such as trespassers.

The duty owed by occupiers is “to take care as is reasonable in all the circumstances of the case to see that they are not injured on the premises by the danger concerned”.

If you have been affected by either of the above, Oakwood Solicitors may be able to help you make a claim and you could be entitled to compensation.

Bonfire rules

Alongside fireworks, there are some rules around what you can put on a bonfire at your home. According to the government website, there are laws to prevent bonfires from causing a nuisance to stop households from burning dangerous waste.

If you are hosting a bonfire night event, you must not get rid of household waste if it will cause pollution or harm people’s health.

You should also think about the smoke coming from your bonfire as you could be fined if you allow smoke to drift across the road and become a danger to traffic.