We had a query in June 2021 about whether fireworks could be offered on Freegle. After some discussion, it has been decided that they shouldn't.
Matty (Rossendale) did some research and this is the result:
Note - this is not “sold” or “placed on the market” like many acts define.
The Fireworks Regulations 2004 states that blah blah may not “supply” which is not defined in those regulations so you have to seek a further legal definition of “Supply” which is in fact defined within the “VAT Act 1994” that supply is “transfer of both title to the goods and possession of, or control over, the goods” of which even giving away is included as the recipient takes possession and controls them.
So back to the firework regulations.
Untrained interpretations within . 9.—(1) Subject to paragraph (2) below, no person shall supply or expose for supply any adult firework, save in accordance with a licence granted under this regulation.
[*So they can only be given away by people with a license except for:]
(2) Paragraph (1) above shall not prohibit the supply or exposing for supply, otherwise than in accordance with a licence, of adult fireworks— [Paragraph 1 exceptions:]
(a)on the first day of the Chinese New Year and the three days immediately preceding it;
(b)on the day of Diwali [November] and the three days immediately preceding it;
(c)during the period beginning on the 15th October and ending on the 10th November; or
(d)during the period beginning on the 26th December and ending on the 31st December.
[So this to me reads that unless you have a license you can only give them away during the above times?] There is lots of other stuff about supply for professional displays etc. which would be outside the scope of this as no pro would use the fireworks given away like this.
Which yes, this looks like a legal minefield (I could ask a barrister but that’s gonna take ages) however it looks like Freegle ought to add them to the banned list as we would have no control over the type (there are legally banned fireworks that make their way here) nor who they are given to (under 18 prohibitions are often mentioned) and although many communities use them at weddings etc. we do not want Freegle to be involved in their supply if used for terrorism by some nutjob who wants to blow someone up.
I would suggest that we do not allow their giving away and recommend instead a bucket of water to be used to render them useless and unfortunately dispose of them so they go to landfill, once made safe.
Thanks to Matty for checking this out for everyone.