Part 6: Firearms and pyrotechnic articles Section 134: Possession of pyrotechnic articles at musical events
This section forms part of the law of England and Wales.
	The music industry and others have raised concerns around the misuse of fireworks, flares and smoke bombs at live music events. Such items are dangerous when misused. There is already an offence of possession of pyrotechnic articles at football matches, under section 2A of the Sporting Events (Control of Alcohol etc.) Act 1985, in recognition of the specific dangers the misuse of such articles pose in football stadia. This section makes similar provision for the misuse of such articles at live music events.
	Subsection (1) makes it an offence for someone to be in possession of pyrotechnic articles at a qualifying musical event. The offence will apply where a person is in possession of a pyrotechnic article at a place where a qualifying musical event is being held or any other place where persons enter or exit that event, or any areas used for providing facilities to those attending that event. The offence does not apply to the organiser of the musical event or to a person who is authorised by the organiser (subsection (2)). This exemption ensures that authorised persons putting on a pyrotechnic display as part of a musical event are not caught by the offence.
	The maximum penalty for the offence is three months' imprisonment or a level 3 fine (currently £1,000), or both (subsection (3)).
	Subsection (4) provides a definition of pyrotechnic articles which includes fireworks, flares and smoke bombs. As matches would otherwise be caught by this definition, they are specifically exempt. (Cigarette lighters are not caught by this definition, so no exemption is necessary.) Subsection (4) also includes a regulation-making power (subject to the negative procedure) for the Home Secretary to exclude further articles from this offence, should it become clear that the definition includes everyday items that ought not to be covered by the offence.
	Subsection (5) enables the Secretary of State to define ‘qualifying musical event’ by regulations, subject to the negative procedure (subsection (6)).