In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by partner Euros Jones...
What must we do to comply with the law for our community bonfire?
Q: I am on a committee trying to raise funds for local kids' amenities. We plan to hold a bonfire/fireworks display on a local farmer's field. Most of the community is in favour, but there are some objectors, so we need to ensure we stay on the right side of the law. What should we be aware of?
A: Firstly, anyone purchasing fireworks must be over 18. From October 15 to November 10, fireworks for private use can only be purchased from a registered seller and category 4 fireworks can only be let off by a licensed professional. If the event is in a public place permission must be obtained from the local authority. If you are letting off fireworks at a rented property check this is permitted in your lease.
Even if your firework event is private, you still have a duty of care to neighbours and guests, so check with RoSPA what precautions you need to take, as if someone or property gets injured or damaged, you could face a civil claim. Also check your home insurance cover limits to see what protection there is for damage caused by explosion, fire or smoke, and be aware that under the Occupiers Liability Act 1957, the farmer hosting your event has a duty of care to reasonably keep visitors safe.
Aside from potential firework risks, also be aware of what you can legally burn on your bonfire and check whether you are complying with any environmental laws relating to nuisance.
Under the Firework Act, if you break the law around firework use you can receive a prison sentence of up to six months and an unlimited fine. Breaching the Act constitutes a criminal offence. If you cause damage to another's property or injury to someone, you may be liable for a civil offence and could be sued for negligence. Regarding objectors, provided you are compliant in all ways they cannot stop you from holding your planned fundraiser.
• This question has been answered by Euros Jones, a partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
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