Challenge 9.9

Why does this Challenge need to be solved?

Use case 1: Fireworks licencing

The Fireworks and Pyrotechnic Articles (Scotland) Bill was introduced in the Scottish Parliament on 1 February 2022.

The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 requires that Scottish Government seeks to instate a licensing scheme by which it can be ensured as far as reasonable that all those who purchase, possess and use fireworks have an understanding of the legal standing and key safety concerns associated with fireworks. This means that all members of the public who wish to purchase, possess or use fireworks for private and personal use will require a licence. The policy intent in introducing a licensing scheme is to both ensure that all licence holders have undergone training and understand the rules and laws around how to do so safely and limit access to fireworks for non-licence holders.

Key objectives, which have been drawn from The Fireworks and Pyrotechnic Articles (Scotland) Act 2022:

• To encourage the safer use of fireworks and reduce firework related harm and injury. Ensuring that all fireworks licence holders demonstrate sufficient safety knowledge as part of the licence application process.

• To reduce the inconsiderate use and misuse of fireworks. Ensure that all fireworks licence holders demonstrate knowledge as to the rules relating to firework use and the effect that their use can have as part of the licence application process.

• To reduce spontaneous firework retail transactions and use of fireworks at inappropriate times and locations. Ensuring that the purchase and use of fireworks is a well thought out and planned process by requiring fireworks licenses.

The Act lays out several functions this licensing service must be able to deliver:

• Training which would be of a standard to ensure that licence holders understand the rules and laws around how to operate and store fireworks safely.

• Successful completion of the training course must be linked to applications.

• Enable enforcement.

• Accept and process license fees, which will be used to fund the service.

• Accept disclosures of relevant convictions from applicants

• Enable processing and decision making of applications.

• Accept and process appeals on licences

• Accept information from licensee on change in circumstances.

• Communicate with other systems.

• Able to revoke licences.

• Able to bar people from re-application for a period of time.

• Live register of licensees that is updated as applications, appeals or cancellations are processed.

• Licences must expire at some point.

• Notifications to applicants and licence holders where necessary.

• Licence must be able to be verified at point of sale, point of delivery receipt for online purchases and point of enforcement.

The service must also have the following characteristics:

• Able to manage seasonal demand.

• Able to process applications as quickly and accurately.

• Comply with the Digital Scotland Service Standard

• Accessible to users from many groups across Scotland

• Be futureproofed, able to change elements when required.

• Meet data security and privacy standards and policies.

• Report in real time, accurate data

• Licences must be recognisable to vendors.

• Does not create and helps remove barriers to business users.

Scottish Government does not currently have a means by which this sort of national licensing scheme could be operated.

Use case 2: Tobacco licencing and Register

The information contained on the register can be un-reliable, and not always accurate. In particular, whereby a retailer has moved address to another premises, or are no longer in business and haven’t updated the register, having an impact on enforcement. The benefits including reduce advice visits; accurate picture of volume of products sold

Having a more up-to-date and accurate register will show which premises are actually open, and those which have now closed down/changed ownership etc. The Society of Chief Officers of Trading Standards in Scotland (SCOTSS) officers are required to carry out a percentage of visits to retailers each year, and resources could be better utilised visiting those shops which are open to provide support. SCOTSS officers are professional trading standards managers representing every Scottish local authority trading standards service. This would create efficiencies in services. In addition, this would provide better evidence of the number(s) of tobacco and NVP products being sold in local authority areas.

Having a live, and accurate register would solve well developed policy problems and aid future policy design.

Finding a system that works and supports SCOTSS officers and partners across the board will be more effective and allow joined up working to tackle the issue of the sale of illicit products.

Although retailers know that they must first be registered to sell tobacco and NVP’s, free at point of registration, they don’t place a value on the register, this needs to change. This will also increase compliance. Any solution should provide options to add further value for retailers and those related to specific policy areas starting with tobacco. We see any opportunity to support many more retailers or other parts of a local economy to pay for licenses more easily as well as gain learning and awareness of changes impacting a business.

Support greater use of digital service through increased access and inclusive design approaches. On numerous occasions, retailers have sought the support of the tobacco control team or SCOTSS officers to update a record - due to an unfamiliarity with the register. A new register needs to be inclusive and retailers need to be involved at the design stage. This will ensure that it is fit for purpose and user/business friendly.

How will we know the Challenge has been solved?

We envisage a rage of data driven measures including data management analysis and insight using data that may not currently exist and that the solution will need to provide.

The examples below are not exhaustive and we would work with you to make use of existing data and systems; as well as create new data related to these two use cases.

These examples are focused on two uses cases however a solution will be able to offer functionality that can be applied beyond this Challenge to other licencing use cases a so that future novel measures are also possible.

Solving this Challenge involves meeting requirements of both use cases. For instance benefits and measures related to The Fireworks and Pyrotechnic Articles Act (Scotland) 2022:

Benefit: Accessible, usable and efficient: With limited resources available to businesses and stakeholders using the solution including reducing manual input or processes.

Measure: Quantitative and qualitive data for analysis about the user experience of the different stakeholders

Benefit: Increased safety: A licensing system can help ensure that fireworks are being used safely and legally. The licensing process can involve safety training and requirements for storing, handling, and using fireworks, which can reduce the risk of accidents and injuries.

Measure: Volumes of injuries at medical facilities around annual fireworks purchasing periods

Benefit: Reduced noise pollution: Fireworks can be a significant source of noise pollution, particularly in residential areas. A licensing system can include restrictions on the times and locations where fireworks can be used, which can help reduce the impact of noise pollution on communities.

Measure: Volumes of noise complaints from councils around annual fireworks purchasing periods

Benefit: Protection of animals: Fireworks can cause distress to animals, particularly pets and wildlife. A licensing system can include restrictions on the times and locations where fireworks can be used, which can help reduce the impact on animals.

Measure: Qualitative data shared by animal advocacy organisations

Benefit: Improved enforcement: A licensing system can make it easier for authorities to enforce regulations related to fireworks. Licences can be revoked or suspended for individuals or organisations that violate safety or usage rules.

Measure: Trading Standard enforcement data. Police Scotland arrest data and conviction data.

Who are the end users likely to be?

• Businesses including retailers and vendors that require license to operate under regulations in Scotland, for both online and offline sales

• Private users of including the purchase and storage of products

• Enforcement officers

• Scottish Government administration teams and decision making teams

• Scottish Government Product Management and Service Management teams

For instance, the current tobacco register highlights the needs of some of these user groups:

Retailers often seek support of the tobacco control team or SCOTSS officers to update a record - due to an unfamiliarity with the current register. A new register needs to be inclusive and retailers need to be involved at the design stage. This will ensure that it is fit for purpose and user/business friendly.

Has the Challenge Sponsor attempted to solve this problem before?

We have not attempted a procurement exercise yet as we have been scoping and developing the Strategic Outline Case. There are other public sector licensing schemes (such as firearms and air weapons licences, Nature Scot licenses and civil aviation authority drone licenses) that we have reviewed. We have not identified an existing solution that has all the necessary requirements of the fireworks licence service or tobacco registration and licencing

Are there any interdependencies or blockers?

Regulated industries share similar characteristics, being sensitive to local and central regulations and changes. These uses cases provide many important elements to be considered by any solution:

There is no central data system which can be investigated to assist enforcement.

A solution may have to access multiple systems to help ensure that the information is accurate and well verified. Potential stumbling blocks to this are having a the manual effort of officers and users to update records, licensing processes and the public perception of managing personal information can all add value to a solution.

The Fireworks Act lays out several functions this licensing service must be able to deliver, noted above and in the Act.

Will a solution need to integrate with any existing systems / equipment?

Yes, digitising and updating other licensing schemes such as the Firearms and air weapons licensing; for nicotine products there is an existing HMRC track and trace register; as well as other existing sources of data that we wish to use.

Is this part of an existing service?

No.

Any technologies or features the Challenge Sponsor wishes to explore or avoid?

Opportunities for integrating with the development of an ID checking system, Disclosure Scotland and the COVID app technology.

Industry is highly innovative and fast moving, a solution will provide an ability to respond swiftly to industry development including changes in technology and consumer behaviour.

We are ambitious about how technology and data could be used.

What is the commercial opportunity beyond a CivTech contract?

A solution could:

• Developing a blueprint for licensing systems in Scotland to be extended to other licences in the future.

• Data collected from the system could create a picture of the number of fireworks purchasers, and volumes of products sold. This could feed into other national strategies for example related to public health or environmental considerations.

• Finding a system that works and supports SCOTTS officers and partners across the board will be more effective and allow joined up working to tackle the issue of the sale of illicit fireworks, which have been linked to antisocial and dangerous behaviour across Scotland in the past.

This could also apply to other nations in the UK, many of whom are investigating their own Fireworks Licensing services.

Who are the stakeholders?

• Scottish Government:

  • Tobacco policy

  • Fireworks policy

  • Digital Transformation

  • Digital Assurance

  • Justice Analytical Services

  • Finance

  • Legal

  • HR

  • Marketing and Communications

• Local Authorities 

• The Society of Chief Officers of Trading Standards in Scotland (SCOTSS)

There is a large group of external stakeholders. The Fireworks and Pyrotechnic Articles Act (Scotland) 2022 requires that Scottish Government undertakes a Public Consultation on certain design elements of the service, including for example licence fee to be charged, and content of the training element. Engagement with this group of stakeholders will be managed by Scottish Government, who will be able to draw on their support for User Testing if required.

Who’s in the Challenge Sponsor team?

Scottish Government staff from the tobacco and fireworks policy team, including:

• Product Manager

• Service Manager

• Subject matter experts (fireworks policy)

• Scottish Government Professional Services consultants, including Finance, Legal, HR

• Digital Transformation colleagues advice

Access to policy and data associated with the service.

User research has not yet been carried out.

What is the policy background to the Challenge?

Following high profile incidents during bonfire night in 2017 the Scottish Government undertook a range of activities to look at the position of fireworks in Scotland. A 14-week public consultation on the sale and use of fireworks was carried out between February and May 2019. An independent, rigorous and systematic analysis of the consultation responses was carried out to identify the main issues and themes raised by participants across all ways of taking part in the consultation, and this was published in October 2019 .

An evidence review on the impact of fireworks in the context of international legislation and regulations was also carried out. This included a summary of current fireworks legislation and regulations internationally, and a review of the available evidence on the impact of fireworks relating to social and environmental factors. This was published alongside the consultation and representative opinion poll in October 2019 .

Following the consultation and related work, the Scottish Government published the Fireworks Action Plan: Promoting the safe and appropriate use of fireworks in Scotland .

The Action Plan set out actions to be taken forward with national and local partners. As part of this, the Minister for Community Safety also appointed an independent Review Group of key stakeholders to consider the legislative and regulatory options for change that emerged from consultation, scrutinise the evidence available, and make use of their professional judgement and expertise to set out clear recommendations on what change is required to current legislation and regulations. The Review Group explored a number of options for legislative and regulatory change, commissioning additional analytical work to look at the evidence internationally, published on 3 November 2020 .

In its final report the Group reached a majority consensus that, in order to achieve the Scottish Government’s vision for fireworks in Scotland (for fireworks to be used safely and handled with care and not cause harm, distress or serious injury), a fundamental shift is required in how fireworks are accessed and sold in Scotland through the introduction of a comprehensive set of measures, including the introduction of mandatory conditions before consumers are able to purchase fireworks.

Three measures recommended by the Group have been progressed through the Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 which amended the Fireworks (Scotland) Regulations 2004. The changes came into effect on 30 June 2021.

The Fireworks and Pyrotechnic Articles (Scotland) Bill was introduced in the Scottish Parliament on 1 February 2022. The Bill is intended to implement the remaining recommendations from the Fireworks Review Group to support a change in how fireworks are accessed and used by the general public in Scotland with the aim of protecting public and community safety and wellbeing. A policy memorandum was published to support this Bill.

The Bill is in 7 parts.

Part 2 of the Bill makes provision for a fireworks licence. This part gives Scottish Government the power to establish a fireworks licensing system, and states that an individual will commit an offence if they purchase, acquire, possess or use such a firework without a valid fireworks licence. This provides the basis on which this project is initiated. 

The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 requires that Scottish Government seeks to instate a licensing scheme by which it can be ensured as far as reasonable that all those who purchase, possess and use fireworks have an understanding of the legal standing and key safety concerns associated with fireworks. This means that all members of the public who wish to purchase, possess or use fireworks for private and personal use will require a licence. The policy intent in introducing a licensing scheme is to both ensure that all licence holders have undergone training and understand the rules and laws around how to do so safely and limit access to fireworks for non-licence holders.