We have powers to deal with smoke nuisance from any bonfire and to prosecute for dark smoke offences on commercial and industrial premises.

Smoke nuisance

Facts

• bonfires can damage people's health; particularly children, the elderly and those with asthma and other breathing problems
• bonfires pollute the environment and worsen air quality
• if the smoke from your fire causes a nuisance to someone, they can make a complaint to the council

Before having a bonfire consider alternative methods of waste disposal. Try composting or taking your waste to a household waste site.

Guidelines to prevent smoke nuisance

• avoid having a bonfire when the wind is blowing in the direction of your neighbours.
• before lighting a fire consult your neighbours.  Give them an opportunity to shut windows and bring washing inside.
• never use petrol, methylated spirits or similar to light the fire.
• never leave the fire unattended.
• ensure that plastics, painted materials, plywood and chipboard are NOT burned as they can give off poisonous chemicals - some of which can cause cancer.

Making a complaint

You can complain about smoke from a fire if it is causing you a nuisance.

Step one

Approach the person causing the nuisance and politely make them aware of this. Often people are not aware that they are causing a nuisance.

Step two

If speaking to the person directly does not help, you can make a complaint to the environmental protection unit.  If, after an investigation, the council decides that the bonfire is causing a nuisance, they will approach the person responsible and ask them to stop. If they refuse, a notice will be served to stop them having bonfires. Failure to do this could lead to court action and a fine of up to £5000.

You can download a leaflet about bonfires to the right of the page.

Dark smoke offences

If a bonfire held on commercial or industrial premises gives rise to dark smoke an offence is committed.  The occupier of the land and the person who caused or permitted the smoke can be taken to court and may be fined.   To take a prosecution for dark smoke it must be confirmed that the smoke met the legal definition of dark smoke.  This requires observations of the smoke and burnt materials be undertaken by a trained officer.   Dark smoke offences do not apply to domestic premises "except where trade or industrial waste is burnt on domestic premises."

If you think a bonfire on an industrial or commercial premises is giving rise to dark smoke please report it to the environmental protection unit as soon as possible.