Funfairs/Fairgrounds, Firework & Bonfire Displays
To hold a funfair, firework and bonfire display you will need to apply for a Public Entertainment Licence.
Application for a Dispensation from the Prohibition on the Use of Fireworks during Night Hours
Please read the Guidance Notes (pdf) before applying for a dispensation.
There is a general prohibition on using fireworks during night hours (11pm to 7am) on ANY night except Chinese New Year, Diwali and new Year’s Eve (where fireworks can be used until 1am) and 5 November (where fireworks can be used until 12 midnight). On other dates any person who is employed by, or in business as, a professional organiser or operator of firework displays, can apply to us for a dispensation from the general prohibition. Dispensations can only be granted where the applicant proposes to put on a fireworks display, or to use fireworks at a national public celebration or national commemorative event.
Please make sure you know the law and rules around the use of fireworks, which are in place to reduce incidents and injury:
- It is illegal to set off fireworks in public places, including streets and parks.
- It is illegal to buy, attempt to buy, give or in any way make a firework available to someone under the age of 18, other than category F1 fireworks.
- It is illegal to set fireworks off before 6pm and after 11pm. This extends to midnight on 5th November and 1am on Hogmanay, Chinese New Year and Diwali.
- It’s safer to celebrate at an organised event if there’s one in your area, but if you’re planning a private display at home, make sure you know how to keep you and your loved ones safe:
- Keep a safe distance.
- Follow the Firework Code and read instructions before use.
- Not all fireworks are suitable for private use. It depends on the size of your garden. Visit firescotland.gov.uk for more safety advice and to download their leaflet.
- It’s important to think of others and be aware of the impact fireworks can have on those around you. The loud and sudden noises can be distressing for those with sensory impairment, and pet owners know only too well the distress they can cause animals. If you are worried about an animal call 03000 999 999.
Enjoy fireworks safely. For more advice visit firescotland.gov.uk
To report the misuse of fireworks anonymously call Crimestoppers on 0800 555 111.
Procedure
An application form must be received by us at least six weeks before the proposed event. There is no fee for this.
Successful applicants will be prohibited form using fireworks in terms of the dispensation unless they give public notice in the local newspaper of their intention to use fireworks and include the following information:
- Your name and address or that of the business making the application
- A description of the proposed firework display
- Details of the fireworks that you propose to use at the event
- The proposed location
- The date(s) and hours during which you propose to use fireworks during the event
Sign and date the declaration at the bottom of the application form. This is a very important part of the form.
Once you have completed the application form, you should submit it to:
Governance, Strategy & Performance, The Moray Council, High Street, Elgin, IV30 1BX.
Will Tacit Consent Apply?
No. It is in the public interest that we must process your application before it can be granted. If you have not heard from us within two weeks of submitting the application, please contact us.