This time of the year is often the busiest for anti-social behaviour, and we see a huge rise and spike in anti-social behaviour as the weather changes and we head into the holiday season. Police forces in Warrington and Cheshire, have started operation treacle, a yearly campaign to target anti-social behaviour, which often spikes around this time of year. Operation Treacle is a partnership initiative with Greater Manchester Fire and Rescue and the local authority Community Resolution Team, in Wigan for example, neighbourhood teams have been deployed with patrol vehicles containing a police officer, a firefighter and a member of the Community Resolution Team. The main aim is to provide community safety advice, respond to incidents of anti-social behaviour and provide high visibility targeted patrols across Wigan to reassure the community. The team is led by Police Sergeant Dave Law, who alongside Greater Manchester Fire and Rescue have provided crime prevention advice to members of the community about bonfire safety and safe use of fireworks, identified unsafe bonfires and arranged their removal, issued local authority contact cards for individuals involved in anti-social behaviour.[1] Operation treacle has a long history of effective action, in a report from 2009, it was found that the operation has seen a 42% reduction in firework incidents, 32% reduction in arson, 16% reduction in anti-social behaviour and a 29.6% reduction in crime and disorder offences compared to the previous year.[2] A report articulated from Greater Manchester Fire and Rescue Service on last year’s operation, showed strong progress in criminal damage and youth related ASB, while firework related ASB increased, as was a rise in deliberate fire.[3] We therefore move into this busy period, and operation treacle comes into full swing, it pays to be aware of the legislation surrounding fireworks and other activities coming to this period, so you can stay informed and therefore vigilant.
Firework Legislation
Firework use becomes a major contingent of the anti-social behaviour in this time of year, and while the majority of people use them in an appropriate way, the use of them in the improper manner can often cause distress and concern for some of the most vulnerable. This includes noise pollution affecting people with whose health conditions include sensory sensitives, sheltered communities and veterans with PTSD. There are also concerns of those with pets, livestock and other impacts on wildlife.[4] A leeds city council scrutiny report outlined the changes that are proposed for regulation with fireworks, however it is noted that it is already a highly regulated area, with a range of legislation that should be relevant. Fireworks in the home are generally not recommended, as per guidance from Manchester fire service, however if they are used it is advised to follow the Firework cod.
As a consumer product, there Is a variety of legislation that regulates the sale and requirements of fireworks and other pyrotechnics under the umbrella. This includes the Pyrotechnic Articles (Safety) Regulations Act 2015 for instance. The requirements include meeting safety provisions, importantly, a manufacturer must keep the technical documentation and the declaration of conformity drawn up in respect of a firework for a period of 10 years. More poignantly, the Fireworks Regulations 2004, which were made under the Fireworks Act 2003. The legislation was designed to tackle the anti-social use of fireworks as a result of a response to public concern, under the act, it is an offence to use fireworks after 11pm and before 7am without permission, this is except on permitted fireworks nights when the times are extended.
The Office for Product Safety and Standards & government response
On the 20th of March 2020, the government published a response to the petitions Committee’s Report on Fireworks; including a table summarising the committee’s key recommendations. The government because of the report, agree to coordinate a public awareness campaign on fireworks misuse, however it postponed this making a definitive decision on the committee’s other recommendations.
Largely, this is the main policy framework for firework regulation, the Office for Product Safety and Standards (OPSS) was tasked to develop a evidence base surrounding fireworks, aiming to capture evidence around a variety of themes, including anti-social behaviour and illegal activity. The OPSS published this report on the 29th of October 2020 which can be found for review here. This also culminated in a consumer survey, where a third surveyed report they do not enjoy fireworks, the reasons are varied, however many relate to safety and anti-social behaviour including the distress to vulnerable individuals, pets and those with PTSD.
Further concerns were also raised by young people and fireworks, including those who ‘set off fireworks on the streets at unpredictable times, including in the middle of the night and even during the day’. Namely, this is considered dangerous and a noise disturbance; products banned in the UK from Europe and illegal fireworks sales were seen as key issues with anti-social fireworks use.
Spotlight throughout the UK
ASB disturbances around the Halloween period are not just bonfire and fireworks, they encompass a variety of disturbances. Typical ASB powers from the toolkit are being used across the UK, including dispersal orders. In Southampton for example, a ‘number of dispersal orders have been authorised in Southampton to help keep the city centre safe over Halloween weekend’, this is part of a proactive drive to prevent antisocial behaviour occurring across the city during the Halloween period. There are also concerns around concealing of identity, and as a result, they are utilising Section 60a of the Criminal Justice and Public Order Act 1994, which allows an officer to require a person to remove any item believed to be worn for the purpose of concealing their identity. This is used to prevent those who wish to conceal their identity to commit anti-social behaviour. [5]
Dispersal orders are also being issued in North Yorkshire, Selby, as the police force have said that they’ve ‘seen reports of instances of anti-social behaviour in and around Selby town centre, mainly involved fireworks being thrown’. Again, this is to reduce the likelihood of the public being harassed, ‘or the occurrence of crime and disorder taking place in the area’. [6]
Across to the East Riding of Yorkshire, in Hull, there are initiatives being used in order to curb anti-social behaviour ahead of Halloween and Bonfire Night. This includes behaviour such as throwing things at people, their houses or cars. A multi-agency approach is being used with the council’s community safety team, Chief Inspector Alex Weeks stated that the force would take a ‘zero-tolerance’ approach’.[7]
Over the Irish Sea, in Northern Ireland, police are working with partners to ensure the safety of everyone over the Halloween period. It was noted by Northern Ireland Fire & Rescue Service (NLFRS) Bryan McCaul, that Halloween is ‘one of our busiest times year’ in particular it was noted around Fireworks, that can ‘set fire property, the environment and clothing causing serious injury’, they have recommended that for anyone using fireworks, only light them ‘outside in an open space at arm’s length and kept well away from children. Local police are also present to minimise the impact on local communities. [8]
Halloween parties are also a significant concern within abodes, as is the concern for the safety of the community in public. In Birmingham, for example, ‘revellers heading out to party during the Halloween festivity have been issued a £1,000 warning’, this is due to the existence of Public Spaces Protection Orders (PSPOs), and university students in particular are being warned due to street drinking. This is also prevalent in other student heavy cities across the UK for example, ‘In Southampton and Nottingham, student areas such as Portswood and Lenton respectively, have PSPOS that specifically target street drinking’ this is mainly used as a preventative measure in areas that are known to frequent anti-social behaviour. ASB toolkits are in full force throughout the UK, with dispersal orders being a particularly effective tool in managing ASB throughout this busy season.
Bonfires
Bonfire nights around Halloween are a favourite among members of the public, however, it can be dreaded by others as anti-social and improper use unfolds. This is an essential focus of operation treacle, one of the key activities on housing estates in particular, are to ‘encourage tenants and residents to dispose of their unwanted rubbish’, namely before it can be used for a fire, or just set alight’.[9] There is a lack of legislation around bonfires, however, lighting a bonfire in a public place is illegal, this means anywhere other than your own back garden. In England and Wales, bonfires (not arson) can fall within the definition of a statutory nuisance under the Environmental Protection Act (EPA) 1990, this is if they are deemed to be a persistent problem, or if they are interfering substantially with well-being, comfort or enjoyment of your property.[10] Other relevant legislation include the Clear Air Act 1993 which deals with the emitting of back smoke, which can include the burning of industrial/commercial material in a garden. Further, under the Waste Management Regulations Act 2006, it is an offence to dispose of domestic way in any way that can cause pollution of the environment or any harm to human health. Illegal bonfires can have serious consequences including harm to human health, pollution and can contribute to anti-social behaviour, and so it is important we tackle bonfires alongside other activities that can cause distress around this busy time of year.
For several years Operation Treacle has been highly effective in helping to tackle key issues such as ASB, deliberate fires and firework safety. In such a busy time of year for anti-social behaviour professionals, it is therefore important to be informed in the effectiveness and aims of the Operation, in particular what it is focusing on and why. To best tackle any disturbances or distress this time of year, it is recommended to report immediately, be aware of the relevant legislation that encompasses the relevant disturbances and to co=ordinate with relevant agencies such as the fire and rescue service.
For more information, visit: https://www.gmp.police.uk/news/greater-manchester/news/news/2023/november/neighbourhood-officers-in-wigan-stick-to-combatting-anti-social-behaviour-and-keeping-people-safe-this-halloween-and-bonfire-night-period-as-part-of-operation-treacle/
[1] https://www.gmp.police.uk/news/greater-manchester/news/news/2023/november/neighbourhood-officers-in-wigan-stick-to-combatting-anti-social-behaviour-and-keeping-people-safe-this-halloween-and-bonfire-night-period-as-part-of-operation-treacle/
[2] https://www.manchester.gov.uk/egov_downloads/7_Operation_Treacle.pdf
[3] https://manchesterfire.gov.uk/media/4164/bonfire-campaign-2023-social-media-pack-131023.pdf
[4]https://democracy.leeds.gov.uk/documents/s221886/App%203%20DRAFT%20Inquiry%20Report%20Anti-Social%20Use%20of%20Fireworks.pdf
[5] https://www.hampshire.police.uk/news/hampshire/news/news/2023/october/police-authorise-dispersal-zones-for-a-safe-halloween-in-southampton/
[6] https://www.gazetteherald.co.uk/news/24673357.dispersal-order-issued-selby-halloween-crackdown/?ref=rss
[7] https://www.bbc.co.uk/news/articles/cn9xgy5dl0po
[8] https://www.derryjournal.com/news/crime/police-in-derry-and-strabane-working-with-partners-to-seize-illegal-fireworks-over-the-halloween-period-4837394
