Neighbours & fireworks

M

Mari

Well-Known Member
Joined
27 October 2008
Messages
1,429
Location
North West
Visit site
Just wondering what is permitted.
We have 19-12 houses whose gardens back on to our field. There are no rights or easements through / in our field. A newish neighbour, 18 months approximately, had a party in their small garden on Saturday 4th November. (None of the neighbours informed or invited, we all found out when it happened & every house (except them) have pets) My horses were in the barn sedated so no problem there. But they set off all their fireworks into our field. My husband & I spent Sunday morning checking our field & clearing up their rubbish before I could turn my 2 horses out. Then when I went out to ride in my arena which is behind our house I had to clear more firework debris before I could ride. That was 2 bin bags full of firework rubbish from their party on my property.
Are they allowed to let off fireworks in their garden aimed into my field without asking?
 
This was circulated through my village community email. It clearly defines the legalities around fireworks and could give you a good starting point.

It is an offence to:

- possess adult fireworks (all fireworks except category 1 fireworks - party poppers, sparklers, throwdowns etc) in a public place by anyone under the age of 18;...

- possess category 4 fireworks (professional display fireworks) by anyone other than a fireworks professional;

- it is illegal to supply adult fireworks to those under 18;

- throw or cast or fire any firework in or into any highway, street, thoroughfare or public space (this would include throwing or firing from a private place into a public place, street, highway etc);

- to light any fire or discharge any firearm or firework (without lawful authority or excuse) within 50 feet of the centre of a highway which consists of or comprises a carriageway, and as a consequence the highway is damaged.

There is a curfew on the use of adult fireworks between 11pm and 7am, except on;

Bonfire night (when the curfew is between 12midnight and 7am);

New Years Eve (when the curfew is between 1am and 7am);

Chinese New Year (when the curfew is between 1am and 7am);

Diwali night (when the curfew is between 1am and 7am).

The penalties for using fireworks outside the above curfew hours are imprisonment (maximum 6 months) and a substantial fine. Please note, you could also commit offences if they were being used to cause a nuisance.

The timings might help? I assume yours was not the only property impacted either. I would try a direct conversation in the first instance with photographs of the mess and if that doesn't work, seek other legal advice from your council in terms of being a nuisance neighbour.
 
Last edited:
Yes I think they are- could you go round and leave a typed note with each house saying please dont point fireworks into your field as is may injure the horses and unfortunatley you would consider the home owner liable? Might make them think twice.
 
a quick google search and a look over the BHS advice doesn't help much if you concentrate on 'fireworks' so instead look at Section 18 of the Clean Neighbourhoods and Environment Act because I think this could be considered 'littering'.
 
Take the bag of collected used fireworks round to there house with a bill for your time collecting it up. Tell them you want paying for the time it took to clear up after the party they had and then dump the whole lot in their porch!

Tell them next time you will want their first born as a sacrifice instead of money!
 
Google Civil Law - Neighbour Principle

This basically says that everyone has a duty of care to prevent harm to their neighbours and their property , if the result of their action is reasonably foreseeable and "harm" can be demonstrated.

Don't forget in Civil Law, the burden of proof is lower than in criminal law (Beyond all reasonable doubt) as opposed to "In the balance of probabilities".
 
As it's the first time I'd probably try and stay friendly. I'd leave the bin bags in their drive and post a letter through explaining what the bags contain, and request that next year they drop you a message prior to any firework display they have planned and you will ensure they have access to the fields to clear it up next day. Can't be fairer than that!
 
We’ve had similar here. One year the wind direction meant that over 30 fireworks landed on our yard. Unfortunately with tiny gardens and idiots letting off display quality fireworks the chances are they are going to come down anywhere other than where they were let off.
 
I was amazed out hacking today how littered the streets are in our village with left over firework bits - the council must have a big job sweeping them all up as I'd imagine the big sticks don't go well with the mechanical road sweepers.
They may not have thought about the litter afterwards (I wrongly assumed most would burn up or stay in the ground - not be fired off somewhere else)

If you know them knock on the door if not perhaps a note - next time let you know so they can go on and clear up and give them the bags to take to the tip (our every other week bin collection means I'm precious about bin space!)
 
It really amazes me how little consideration some people have for their surroundings.

This is our first year at our new home and yard. We have a couple of elderly neighbours and a young family a few doors down. I hadn't given fireworks a second thought but the young family had a bit of a firework party on Sunday night and when I spotted it I felt sick that they hadn't even given my horses or dogs a second thought.

Luckily the fireworks were fairly small and my lot were all safely tucked up in their stables as a precaution and due to the shooting nearby are quite adapt to loud bangs but they didn't know that!

I would be furious to find firework debris in my fields and I too would take it to their front door!
 
Thank you everyone. I was furious on Sunday & my husband said for me not to go round while I was mad but I've kept the evidence & will take it round at the weekend.
 
It does seem really unfair that people can just litter your fields with firework rubbish, we had it for years here too. I would get up early to clear our fields before we could turn out the horses and some of the rocket sticks would be poking out of the ground. One New Year's Eve a stray rocket set our outbuilding on fire much to the horror of our neighbours who had set if off (on a windy night when it was obvious the fireworks would stray over our fields). I had a massive hissy fit at them and told them I was going inside to call the police and they would be liable for the cost of the damage. I didn't call the police because I wouldn't waste their time but I was so fed up with them. Not great for neighbourly relations but they did apologise and haven't had any fireworks at their place since. I really wish they could be limited to public displays only, some people just don't understand the impact on livestock.
 
I believe under the welfare of animals act it is an offence to discharge fireworks in the near vicinity or over grazing land used by livestock (which includes horses). Apparently the max penalty is £20K and possible imprisonment.
 
gingerfan said:
I believe under the welfare of animals act it is an offence to discharge fireworks in the near vicinity or over grazing land used by livestock (which includes horses). Apparently the max penalty is £20K and possible imprisonment.
Click to expand...

It is indeed & I'd be taking the rubbish & detritus to their door & reminding of this.
 
I think it falls under "Unnecessary suffering", but I cannot find the exact legislation right now. Going goggle eyed.

FIREWORKS AND LIVESTOCK

Thank you for your email about fireworks being set off in close proximity
to livestock.

Fireworks must not be set off near livestock or close to buildings that
house livestock, or near to horses in fields. Anyone planning a firework
display in rural areas should warn neighbouring farmers.

More broadly, the law in relation to fireworks is as follows:-

· It is illegal for anyone under 18 to possess a firework in a public
place

· Fireworks must not be set off by a private individual between 11p.m and
7a.m except for certain nights of the year

· Unless retailers possess a special licence they may only sell fireworks
from 15 October to 10 November and 26 to 31 December.

This link to the Gov.uk website contains useful information about
fireworks.

https://www.gov.uk/fireworks-the-law

On animal welfare more generally, it is an offence under the Animal
Welfare Act 2006 to cause any unnecessary suffering to a captive or
domestic animal.

Yours sincerely

Anthony Davis
Customer Contact Unit
Defra


^^This is copied from a forum. Perhaps Mr Davis could elaborate if we found an email.
 
alainax said:
As it's the first time I'd probably try and stay friendly. I'd leave the bin bags in their drive and post a letter through explaining what the bags contain, and request that next year they drop you a message prior to any firework display they have planned and you will ensure they have access to the fields to clear it up next day. Can't be fairer than that!
Click to expand...

This is what I'd do, but I'd also show them what can happen when horses are spooked by fireworks http://www.lincolnshirelive.co.uk/news/local-news/horse-left-badly-injured-leaps-702824 and hint that public liability insurance might not be a bad idea if they wish to have another firework party next year. Unfortunately far too many people have no idea that something seemingly innocent to themselves might end up having a devastating knock on effect on somebody else.
 
I grew up near a public display... we had the remains of rockets 6 feet long falling into our garden and into hay etc relatively regularly. The second closest firework venue did them for concerts throughout the summer...

People won't think these things through any more than the local councils did/do. Especially if they are used to seeing the horses out and knew they weren't at that point then they may well have not seen the harm at all. Whilst government bodies with risk assessments coming out their ears don't private individuals aren't likely too either.

I'd definitely stay friendly, and not mention the law at all, in the first instance. They may be mortified if you show them how much came down rather than being burnt up or mention that you are concerned about fire or whatever.
 
I would absolutely have left the bags of mess on the neighbours doorstep with a note asking them politely to understand it wasnt acceptable and could have been very dangerous had your horses been out in the field at the time (or could ingest the rubbish in the days after). I would ask them to give you notice next time and also fire them somewhere else and not onto your land. Id be so angry!!
 
It is all very well the law being there but as far as I am aware there hasn't been any prosecution using it.

hopefully in the interests of good neighbourly relations the collection of rubbish will prove the point and enable you to remind them about the effect on animals.
 
To be prosecuted you need to have a police presence and know the law most people dont and it isn't easy to get hold of the police at the right time so it is rare for it to be enforced. However you could send them a letter to explain the law and it might have the desired effect
 
You must log in or register to reply here.
Top