Explosives - Licence / Registration

The licensing arrangements will depend on the maximum quantity and type of explosives stored at any one time.

For the purpose of the Regulations the amount of explosive is expressed in forms of the net mass of explosive; that is, the amount of explosive in an article not including any packaging and casings. Sometimes the net mass of explosive is referred to as the net explosive quantity (NEQ) or net explosive content (NEC).

The type of explosive is categorised by hazard type, ranging from hazard type 1 to hazard type 4 (hazard type 1 being the most powerful). Adult fireworks will usually be classed as hazard type 4 explosives.

Normally, explosives packaging will be marked with the type and net mass of explosive. For fireworks, unless marked on the packaging, the net mass is assumed to be one quarter (25%) of their total weight.

A storage licence is not required for the following small quantities of explosives:

• less than 15kg of small arms ammunition, or

• less than five kg of explosives which don't require an Explosives Certificate (adult fireworks, cartridges).

Above these amounts - up to 250kg net mass (for hazard type 4 explosives), a simplified form of licence known as Registration is suitable. Registration is usual for typical retail storage of fireworks.

For quantities over 250kg - up to 2000kg net mass (hazard type 4), a storage Licence is necessary. (For quantities over 2000kg a Licence issued by the Health and Safety Executive will be required).

You should note that your premises must be suitable for the amount of explosives you wish to store. In some cases, you may not be able to store the legal limit if you do not have appropriate storage arrangements or limited facilities.

In the case of licensed stores, these are subject to separation distances from features such as dwellings, roads, footpaths and railways. Separation distances depend on the amount and type of explosives stored.

Applying for a Registration or Licence

There is one common application form for either a Registration or Licence. Guidance for applicants is given on the last page of the form. You can download an application form from the More Information section below. Further guidance notes for applicants can be seen here.

Registrations are renewable annually. Registrations and Licences are not automatically transferable to another person - an application to transfer has to be made, giving at least 28 days' notice.

The common renewal date is Derbyshire is 01 October.

Current Fees

The current annual fees (2009/2010) set by the Government for explosives storage licences are:

• new registration - £103

• new licences - £175

• renewal registration - £51

• renewal licence - £82

• variation, transfer or replacement - £34

Applications for periods before the common renewal date of 01 October will be charged pro-rata on a whole month basis, in addition to the annual fee.

Send your fully completed application form together with a cheque for the appropriate fee (made payable to Derbyshire County Council).

Explosive Applications
Derbyshire Trading Standards Service
Chatsworth Hall
Chesterfield Road
Matlock
Derbyshire
DE4 3FW

Your application will be considered, and, if approved, a Certificate of Licence or Registration will be issued, in relation to the particulars you specified.

The authority has the power to refuse or revoke explosives storage licences and registrations, if they have reason to consider an applicant not fit to hold a licence, or if the storage arrangements are unsuitable.

Selling Fireworks

Fireworks are age-restricted products.

You must not supply fireworks to persons under the age of 18 years. The maximum penalty for breaching this requirement is a fine of up to £5000 and/or up to six months imprisonment.

You are required to display a statutory notice explaining this restriction to customers. A copy of a notice produced by the Department for Business, Enterprise and Regulatory Reform can be seen here (opens in a new window).

You can only supply fireworks at certain times of the year, unless you have applied for, and been granted, an annual licence to sell fireworks.

The permitted sales periods are

• The period beginning 15 October and ending on 10 November.

• The period beginning 26 December and ending on 31 December.

• The first day of Chinese New Year and the three days preceding it.

• On the day of Diwali and the three days preceding it.

If your business wishes to supply fireworks at any time other than those indicated above you will need to apply for a separate Annual Firework Sales Licence, issued under the Fireworks Regulations 2004, for which the annual fee is £500.

An application form for an annual sales licence can be downloaded from the More Information section below.

Please note that applications for annual licences to sell fireworks are subject to approval by a local authority committtee and may take up to four weeks to process.

Further Information

The details given above are only a brief summary of the laws relating to explosive storage and firework sales.

For further information, the following retailers' guide (opens in a new window) published by the Department for Business, Enterprise and Regulatory Reform may prove helpful.

For more detailed guidance, please contact us on Call Derbyshire 08 456 058 058.