This policy document outlines the comprehensive procedures for handling Firework Control Zone (FCZ) applications in North Ayrshire Council, in accordance with the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. The main goal of these zones is to help to tackle the negative effects that fireworks have in some communities and keep the public safe, while still allowing for organised celebrations. This policy aims to provide a clear and transparent process for communities seeking to establish FCZs within North Ayrshire.

a. Gives local authorities discretionary powers to designate FCZs within their boundaries.

b. Makes it a criminal offence for the public to use fireworks in FCZs, including on private property.

c. Requires local authorities to consult with residents, workers, and other stakeholders before designating an FCZ.

d. Mandates review of the operation and effectiveness of FCZs.

a. Blanket bans: the Act does not impose a nationwide ban on fireworks or pyrotechnics.

b. Public fireworks displays: public fireworks displays put on by a charitable, religious, youth, recreational, community, political or similar organisation are permitted in a FCZ, as are public fireworks displays put on by a professional organiser.

c. other jurisdictions: the Act applies only to Scotland and does not affect fireworks regulations in other parts of the UK.

d. Automatic designation: FCZs are not automatically applied; they require local authority action and community input.

e. Compensation: the Act doesn't provide for compensation to businesses affected by FCZ designations

f. Bonfires: the Act does not cover regulations or restrictions related to bonfires, which remain subject to separate local laws and community guidelines.

The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 prohibits the use of fireworks within designated FCZs, except for Category F1 fireworks, which include indoor fireworks such as sparklers. Additionally, the legislation permits public organised displays to take place within FCZs, provided they comply with local licensing requirement.(add more detail here about events process)

a. Applications must be submitted by community groups, not individuals. This ensures broad community support and representation.

b. Groups must have at least 25 supporting signatures from individuals who reside within the proposed FCZ area or who are otherwise able to demonstrate that they have an interest in the proposed FCZ. These signatures demonstrate local backing for the initiative.

c. For the purposes of this application, a community is defined as a group of people who share a common aim, interest, or purpose. This broad definition allows for various types of community organisations to apply.

d. Examples of eligible groups include, but are not limited to, Tenants Groups, Community Associations, Welfare Groups, and Community Councils. Other groups that meet the community definition are also encouraged to apply.

a. A designated lead applicant must manage the application process and communications and provide contact details. This ensures a single point of contact for efficient communication.

b. The lead applicant should be prepared to act as the primary point of contact throughout the FCZ process, from initial application to implementation if approved.

This process empowers communities to request FCZ designation through community groups, ensuring broad local support for the initiative. The process of a successful community application will usually take about 32 weeks from the initial request to the final implementation of an FCZ, although it may take longer depending on circumstances. This indicative timeline allows for thorough community engagement, formal application review, public consultation, and decision-making by the Council Cabinet, ensuring a transparent and inclusive process for establishing Firework Control Zones in North Ayrshire.

a. Prior to submission, the Community may want to consider engaging with local residents and people working in the proposed FCZ area. This helps gather information from diverse perspectives, help gauge public opinion and identify potential concerns.

b. The Community should record any feedback, including impact of issues and reasons for supporting the FCZ. This documentation will be valuable for the formal application.

c. Various methods can be used to reach a broad audience (e.g., community meetings, surveys, social media outreach) to ensure comprehensive community input.

a. Applicants must determine proposed FCZ boundaries using official maps or clear geographical markers. Precise boundary definition is essential for effective implementation.

b. The lead applicant must provide at least 25 supporting signatures with their application. These signatures should come from residents within the proposed FCZ area. Alternatively, if signatories are not residents, they must be able to demonstrate a clear interest in or connection to the proposed FCZ. This requirement ensures broad community support and engagement with the FCZ initiative.

c. The application must outline specific reasons for the proposed FCZ, including any historical issues with fireworks in the area. This justification helps the Council understand the need for an FCZ. The applicant should submit any relevant evidence together with their application.

d. Applicants should detail the desired start and end dates, considering local events and celebrations. This timing consideration ensures the FCZ doesn't unnecessarily disrupt community activities.

a. The completed application should be submitted to North Ayrshire Council via the online portal. This is the preferred method for efficient processing and tracking.

b. Alternatively, applicants may choose to complete a hard copy application, which can be submitted via mail or in person at designated council offices. This option ensures accessibility for all community groups.

c. The application must include all required information:

• detailed reasons for the proposed FCZ
• precise boundaries of the zone with supporting maps
• desired start and end dates with justification

d. Results of any community consultation, including methods used and number of people engaged should be outlined in the application.

e. Supporting signatures (minimum 25) with full names and addresses requires to be provided.

a. The Communities and Housing Directorate will acknowledge applications and conduct a review for completeness and eligibility to progress to the formative stage of review.

b. Incomplete applications or those not meeting the basic criteria will be rejected by the Communities and Housing Directorate Leads and applicants will be provided with the opportunity and support to re-apply with further details on the application criteria.

c. Applications assessed complete and eligible to proceed to the formative stage will undergo a comprehensive review by the FCZ Stakeholder Group. This group consists of:

• cross-service representatives from relevant Council departments including the Council’s Protective Services, Connected Communities, Health & Safety and Corporate Legal Team
• representatives from Scottish Fire and Rescue Service (SFRS)
• representatives from Police Scotland

e. The FCZ Stakeholder Group will assess the application's potential impact on public safety, community well-being, and local resources. Their diverse expertise will ensure a thorough evaluation of the proposed Firework Control Zone from multiple perspectives.

f. The Firework Control Zone (FCZ) Stakeholder Group will make a recommendation on whether to accept or reject the application for progression to the consultation stage. This recommendation will be detailed in a Cabinet report for Elected Members' consideration. The report will include:

• a summary of the application
• an analysis of the evidence provided
• reasons for the recommendation (either to accept or reject)
• proposed next steps

g. The Cabinet report will enable Elected Members to make an informed decision on whether to:

• accept the recommendation and proceed to the consultation stage
• reject the recommendation and decline to move forward with the consultation
• request additional information before making a decision

h. If Elected Members decide to proceed to the consultation stage, the process will move forward with public engagement and further assessment. If Elected Members decide to reject the application, the applicants will be notified and given information on how to strengthen their application for future consideration. Applicants will be notified of proceeding to the next stage or rejection, with clear reasons provided for any rejection.

i. If Cabinet rejects the application, the applicant has the right to request a review of the decision. Any review will be heard by the Audit and Scrutiny Committee. Audit and Scrutiny will have the right to examine any decision made by Cabinet on whether to proceed to consultation or reject application at this stage in the process.

a. The consultation period will be determined based on the complexity and scope of the application. While typically ranging from 8 to 12 weeks, this duration may be adjusted to be shorter or longer as circumstances warrant. The goal is to ensure a sufficient timeframe that allows all impacted parties reasonable opportunity to participate fully and share their views on the proposal. Factors such as the nature of the application, its potential impact, and the breadth of stakeholders involved will be considered when setting the consultation period. This flexible approach aims to balance the need for thorough public engagement with the efficiency of the decision-making process.

b. Stakeholder mapping will be conducted to identify individuals, groups, and organisations potentially affected by or interested in the FCZ proposal. This process will ensure comprehensive outreach and engagement with all relevant parties, including residents, businesses, community organisations, and local services within and around the proposed FCZ area.

c. The Council will actively promote the consultation through a range of mechanisms to ensure wide participation which may include online platforms, local media, and community networks.

d. Consultation methods may include online surveys, public meetings, and written submissions to accommodate various preferences for participation.

e. The Council will gather feedback from residents, businesses, and stakeholders, ensuring a balanced representation of community views.

a. The Council will aim to analyse consultation results, considering both quantitative and qualitative data within 4 weeks of the consultation period ending.

b. A comprehensive report will be prepared, summarising the findings and their implications for the FCZ proposal. This report will include a thorough community impact assessment, analysing the potential effects of the proposed Firework Control Zone on local residents, businesses, community events, and traditions. The assessment will consider both positive impacts, such as improved public safety and reduced disturbances, as well as potential negative consequences, like effects on local events or businesses. This evaluation will form part of the report which will be considered by Cabinet in their decision-making process.

c. The Council will prepare a recommendation for Cabinet from the analysis of the consultation results, based on the consultation outcomes and policy considerations.

a. North Ayrshire Council’s Cabinet will evaluate and discuss the proposal alongside the report prepared by the Council Officer.

b. Cabinet will make the decision on approving or rejecting applications for a FCZ application.

c. The decision will be communicated to the lead applicant and made public through official channels and local media.

d. If Cabinet rejects the application, the applicant has the right to request a review of the decision. Any review will be heard by the Audit and Scrutiny Committee. Audit and Scrutiny will have the right to examine any decision made by Cabinet on whether to proceed to consultation or reject application at this stage in the process.

a. If approved, The Council will notify applicants, residents, and businesses within the FCZ.

b. The Council will prepare necessary signage, informational materials, and enforcement protocols to ensure clear understanding of the FCZ regulations.

c. North Ayrshire Council websites and relevant databases will be updated with FCZ information to provide easy access to details for the public.

a. The FCZ comes into effect on the specified start date, presuming 60 days public notice has been given as required by legislation.

b. The Council will ensure proper enforcement measures are in place, including coordination with local law enforcement and community safety teams.

North Ayrshire Council will review approved Firework Control Zones (FCZs) to assess their effectiveness, gather community feedback, and ensure that they continue to meet public safety needs and address local concerns regarding fireworks usage. Reviews will normally be carried out every three years, unless the local authority decides that a sooner review would be preferable in the circumstances. This regular review process aligns with the requirements set forth in the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 and allows for necessary adjustments based on changing circumstances within the community.

FCZ application form

FCZ guidance for local authorities

Firework control zone

For enquiries please email: safetyadvisorygroup@north-ayrshire.gov.uk