Portsmouth City Council City Crest

Legislation and Licensing

Petroleum (Regulation) Acts 1928 and 1936

Generally any business keeping more than 15 litres of Petroleum Spirit requires a licence from the Local Authority and licensees have to meet very strict conditions relating to storage.

In addition they must also comply with the Dangerous Substances and Explosive Atmospheres Regulations 2002 known as ‘DSEAR’
 
DSEAR require employers and the self-employed to:

  • Carry out a risk assessment of any work activities involving dangerous substances
  • Provide technical and organisational measures to eliminate or reduce as far as reasonably practicable the identified risks
  • Provide equipment and procedures to deal with accidents and emergencies
  • Classify places where explosive atmospheres may occur into zones and to mark those zones where necessary

The law also limits the amount of petroleum spirit that can be kept in private storage to no more than 20 litres in two 10 litre metal containers, or 10 litres in two 5 litre plastic containers.  All containers must be approved and designed for the purpose and marked PETROLEUM and HIGHLY FLAMMABLE.



Sale of Poisons

Under the provisions of the Poisons Act and associated legislation, there are restrictions on the sale of various types of poisons.  The Poisons List Order contains two classes of poisons (referred to as "Part One" and "Part Two" poisons respectively).

Only a registered pharmacist is permitted to sell "Part One" poisons.  Anyone wishing to sell "Part Two" poisons must register their name, and the address of their business premises, with the Trading Standards Service.

Sales may only be made at the premises so listed, and only by the person listed.  However, a listed seller may also nominate a maximum of two deputies to effect sales on his/her behalf.

There is a fee payable for registration, and the registration has to be renewed annually.  There are many detailed requirements relating to the sale of poisons, which depend upon the type of poison being sold.

Fireworks

If you store fireworks, the Manufacture and Storage of Explosives Regulations 2005 requires a license or registration from the Trading Standards service. This license or registration depends on the quantity of fireworks you store and on the dates that you intend to sell them.  The license or registration is now granted to a person or a company at the premises.   Fireworks must be kept safely and Trading Standards will advise on the strict conditions that apply to storage.

You need to register if you are if storing:

  • Up to 250kg NEQ of Hazard Type 4 explosives
  • Up to 100kg NEQ of a combination of Hazard Type 3 and 4 explosives
  • Up to 100kg NEQ of Hazard Type 3 explosives 

NEQ – means the quantity of explosive contained within the fireworks – and not the gross weight.  This quantity is taken as being 25% of the gross weight of the fireworks if the NEQ is not available.

Most fireworks sold in retail premises are Hazard Type 4, but if in doubt, please contact your supplier.  The quantities are often marked on the explosives outer packaging.

You need a license from us if you store large quantities of fireworks above 250kg NEQ.

The storage of even larger quantities of fireworks above 2000Kg NEQ, on any site is now licensed by HSE.  If you store less than 5kg of explosives, then there is no need to register or be licensed.

You will require a £500 license under the Fireworks Regulations 2004 to enable you to sell fireworks outside of these dates:  

  • 15th October to 10 November
  • 26th December to 31st December
  • On the 1st day of the Chinese New Year and the 3 days immediately preceding it
  • On the day of Diwali and the 3 days immediately preceding it

This is in addition to any license or permit allowing you to store explosives.




Weights and Measures Equipment

Public Weighbridge operators

Operators of public weighing equipment have responsibilities to ensure that they can perform their duties competently and honestly.  No one may operate public weighing equipment unless he/she holds a certificate from a Chief Trading Standards Officer.

A certificate will be granted to any applicant who can demonstrate they are competent, and can pass the verbal and practical test.  This type of equipment is usually a public weighbridge for weighing various types of vehicles.



Testing

Any weighing and measuring equipment in trade use must be approved, tested and stamped before it can be used. Trading standards officers check this equipment, and are also called in to test whether faulty or broken equipment has been repaired properly.