Petition Regarding Fireworks

BOROUGH OF POOLE

REPORT OF HEAD OF MARKETING AND HEAD OF CONSUMER PROTECTION SERVICES

TO LOCAL ECONOMY OVERVIEW GROUP THURSDAY 15TH JANUARY

PETITION REGARDING FIREWORKS

1.0 PURPOSE OF REPORT

1.1 To consider the Petition presented to Council (October 2003)

We, the under-signed, as Council Tax payers of Poole, note that, following the Royal Assent of the Fireworks Act 2003, the new legislation gives power to the government to restrict the period over which fireworks can be sold and to limit the size of authorised fireworks in order to reduce the nuisance caused by their over-use

We demand that the Borough of Poole, as a statutory body follows suit and leads by example. Therefore, we request that residents are not subjected to weekly mid-week fireworks displays from early May to the end of August as is currently the case, and that these should be restricted to the first six weeks of the school holidays, which is also the peak period of the tourism season.

It is unacceptable that residents, which include vulnerable sub-groups such as the elderly, children and the disabled and domestic animals, who are most affected by these displays,. Should have to endure these late night displays out of this six week period.

2.0 RECOMMENDATIONS

2.1 To advise the petitioners that  This Council welcomes the new legislation which is primarily aimed at curbing anti-social use of fire-works by individuals  This Council supports the Poole Tourism Panel decision to continue to include a weekly fire-works display on Thursdays in June July and August 2004 as part of the Sands on the Beach event, which clearly supports the wider local economy and gives much pleasure to thousands of residents and visitors alike.  This Council hopes that the decision not to have a regular Thursday evening event with fireworks finale on Poole Quay in 2004 is supported by the petitioners – but supports a Poole Tourism proposal for an organised display occasionally to add value to a small number of boating events in Summer 2004  This Council welcomes the Poole Tourism Panel decision to delay the start of the 2004 Sands on the Beach event until June 2004 and support the view that a part of the programme outside the peak season supports the Poole Tourism Strategy of extending the ‘season’ and its value of ‘competitiveness’  Previous fireworks events with a fireworks finale at Sandbanks on Poole Quay organised by Poole Tourism over recent years were not considered to have constituted a Statutory Noise Nuisance

3.0 BACKGROUND

The Petition relates to the new Fireworks Act 2003 – currently classified as an ‘enabling Act’ meaning that more detail will come later.. The Act is primarily considered to be aimed at restricting public sales, and reducing anti-social behaviour, linked to more widespread use by public both by time-span and scale of incendiaries . There is no evidence that the Act is aimed at impacting on well organised and well promoted events, nor does the Act make any proposed changes to the investigation of Statutory Noise Nuisance

The Petition asks the Borough of Poole to use the new Statutory Power to enforce the reduction of the series of events organised and funded by the Poole Tourism Partnership.

Consumer Protection Services have previously investigated the noise of fireworks at these events and found that as a result of monitoring of noise levels and consideration of other relevant issues such as economic benefits; the time and length of display and the extent of advance promotion , that there exists no statutory noise nuisance.

Current Position

 in consideriation of the event dates - Poole Tourism Partnership have acted on the Tourism Strategy 2000-05 in relation to extending the season. From a marketing perspective the extended period beyond school holidays fits strategically. It balances the value of events during school holidays - when attendance levels support income needs and events give peak-season holiday makers, paying peak season prices, some added value. The extended period supports strategic objectives relating to 'competitiveness' , boosting 'shoulder periods', and supporting the Its Happening NOW! reputation.

 in considering the public support for the events - the Poole Opinion Panel showed a significant support level for the events when researched in May 2002. 85% of residents were positive about the events - either as enthusiastic attenders or agreeing that even though not attending themselves - they agreed it was 'good for Poole'. Similarly, the events have demonstrably attracted large numbers of residents of mixed age throughout the period of the events - because there is no admission fee the events have supported 'inclusiveness' values and attracted large young audiences

 in considering the event content and scale - the Poole Tourism Partnership deliberately specify that 'noise only' fireworks have restrained use during 'school term'. Likewise the event is billed as having a 'firework finale' and is not an outright firework event - thereby enabling less emphasis on the fireworks. The Poole Tourism Partnership are rightly keen to also draw attention to the 'arts' value of providing free access to many genres of live music at these events.

 in consideration of the sites used - both Poole Quay and Sandbanks areas are zoned in the Local Plan as Tourism Zones. The Sandbanks location has also been warmly welcomed by Leisure Services whose strategic objectives have also been supported by encouraging greater evening use of beaches and facilities. Poole Quay has managed to provide a suitable site in tghe past - though admittedly there are greater issues since construction of the Yacht Haven and in relation to aspects of commercial port activity (ie oil storage)

 In considering the noise levels - monitoring by CPS has assessed that there is no statutory noise nuisance. Climatic conditions can have a greater impact than the scale of the display. The timing of 10.00 - 10.15 as a targeted 'window' is considered sensible and not unreasonable for what is typically an 8 minute display. CPS have also considered the extent of prior awareness through extensive promotion and the economic impact - ie that unlike many private displays the event has a strategic context.

The Petition specifically seeks intervention regarding the proposed 2004 programme. In so far as previous programmes have been considered not to be a statutory noise nuisance and the new legislation not having any direct relevance to these organised displays it is considered inappropriate to arrive at a different conclusion. The case for the proposed programme is even more solid when considering that the Poole Tourism Partnership have  Excluded the whole of May from the 2004 promotion - so reducing the number of events during school term by four  Reasserted the commitment to restrained use of 'noise only' fireworks during other 'school' periods  Ceasing the event on Poole Quay and concentrating on a weekly event on Sandbanks Beach - where noise impact may be less extensive (in so far as 200 degrees of 360% arc is uninhabited) and a prevailing South Westerly wind would carry the noise directly away from the vast majority of Poole residents. Poole Quay is the hub of local tourism and there remains scope for a return of the use of that site.  Commitments to sponsors who cover the vast majority of events costs (ie 2CR / FJB / Breeze) and those who pay understandably have some say and minimum requirements in the overall context.  Commitments to sponsors and included the proposed dates in the main Poole Visitor Guide 2004 which has already been designed.

GRAHAM SHAW HEAD OF MARKETING

PETER PAWLOWSKI HEAD OF CONSUMER PROTECTION SERVICES

Officer contacts:

Graham Richardson ext 2677 - Marketing Services, Tourism Manager