The Act Overview Fireworks licensing Section 4—Requirement to have fireworks licence
25.Section 4 of the Act introduces a new requirement to have a fireworks licence. This section is subject to some exemptions (see section 38 and paragraphs 1, 2, 7 and 14 of schedule 1).
26.It is an offence under section 4 to purchase, acquire, possess or use a category F2 or F3 firework without a fireworks licence. The offence is punishable (on summary conviction) by a fine not exceeding level 5 on the standard scale (currently £5,000) or a term of imprisonment not exceeding 6 months, or both.
27.The offence does not apply if an individual has a reasonable excuse to purchase, acquire, possess or use fireworks. For example, if a person found category F2 fireworks in a park and took them to a police station for surrender, they would not commit an offence as they had a reasonable excuse for having those fireworks in their possession without having a fireworks licence.
28.Schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 contains definitions of words and expressions that apply to the Act. It defines “person” to include non-natural persons, being “a body of persons corporate or unincorporated and a partnership constituted under the law of Scotland”. Section 4(3) of the Act makes provision for circumstances where category F2 or F3 fireworks are purchased, acquired, possessed or used by a non-natural person (“the organisation”) and requires that only licensed individuals can carry out such activities for the non-natural person.