Fireworks
In June 2021 we had a query about whether fireworks could be offered on Freegle. After discussion, the decision was that they shouldn't be.
Matty (Rossendale) researched the law and found:
The Fireworks Regulations 2004 don't use the word "sold" or "placed on the market", as many other acts do - instead they use "supply", which isn't defined within the regulations themselves. The definition has to come from elsewhere, and the VAT Act 1994 defines "supply" as "transfer of both title to the goods and possession of, or control over, the goods" - which includes giving something away, since the recipient takes possession and control.
Under regulation 9(1) of the Fireworks Regulations 2004, no person may supply or expose for supply any adult firework, except in accordance with a licence granted under the regulations. So without a licence, fireworks can only be given away during set exemption periods:
- the first day of Chinese New Year and the three days before it
- the day of Diwali and the three days before it
- 15 October to 10 November
- 26 to 31 December
There's separate provision for supply for professional displays, which doesn't apply here since no professional would use fireworks given away this way.
This is a legal minefield, but it's clear enough that Freegle should treat fireworks as not allowed: we'd have no control over the type being passed on (some fireworks sold elsewhere are legally banned in the UK), or who receives them (there are often under-18 restrictions), and even though many communities use fireworks at events like weddings, we don't want Freegle involved in supplying anything that could be misused.
Our recommendation is not to allow fireworks to be given away. Instead, suggest a bucket of water to render them useless, then dispose of them as landfill once they're safe.
Thanks to Matty for researching this.
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