Storing explosives

What do I need to do?

The legal requirements for storing explosives are set out in the Manufacture and Storage of Explosives Regulations 2005 (MSER).

Do I need to register/get a licence?

Before storing explosives, you will need to either register or get a licence from the local licensing authority.

Certain quantities of explosive can be kept for short periods of time without the need for a licence or registration. Examples include the site of a firework display or re-enactment event.

Find out how to get a licence.

How much can I store, and how long can I store it?

The amount you can store and how long you can store it for will depend on the hazard type of the explosive.

Storage of explosives without a licence or registration

Regulation 10 of MSER sets out the amounts of explosive that can be kept without a licence or registration.

Regulations 10(2)(d) and 10(2)(e) only allow explosives to be kept at the site for a specified period of time. All explosives must be removed before the end of that period. If any explosives are left then the person storing those explosives will be in breach of their duty.

Note: An allowance may be claimed under one heading only.

Storage of explosives with a licence/registration

Regulation 11 sets out the maximum amounts that can be kept in a registered store.

The amounts in regulation 11 are the net mass (weight) of the explosives, ie the amount of explosive contained in the article not including any packaging or casings.

For fireworks, small arms ammunition and similar pyrotechnic articles, the mass of the explosive will be only a fraction of the total mass of the item.

If the manufacturer has provided specific information (for example on the box or on the item itself) on the weight of the explosive content then this should be used as the amount. If they have not, or if the net amount is unclear, then assume that the explosive content is one quarter of the total weight of the item.

The maximum quantities that may be kept at registered premises or under the licence are the maximum quantities that may be present at that site at any one time. This includes explosives that are only temporarily present at the site – for example explosives being transferred from one vehicle to another.

Am I responsible, or is someone else?

The duties in regulations 9 and 10 of MSER fall on the person who is manufacturing and/or storing the explosive. But the licensee has to comply with the terms of the licence. So the person who holds the licence should also control the activities (ie manufacturing/storing) covered by the licence.

For example, a person manufacturing or storing explosives would be in breach of the Regulations if they did not hold a licence, even if someone else held a licence covering these activities at that site.

Site sharing and subletting

It is important to note that the duties in regulations 9 and 10 fall on the person who is manufacturing and/or storing the explosive. The licensee is accountable for compliance with the terms of the licence; it is therefore essential that the person who holds the licence has effective control over the activities covered by the licence. Equally a person carrying out these activities would be in breach of these regulations if they did not hold a licence - even if someone else held a licence covering these activities at that site.

It is expected that in most situations the licensee would be manufacturing and/or storing on its own behalf, would be the sole occupier of the site, and would have complete control of the activities taking place there covered by the licence. There are however situations where this may not apply and where further guidance is necessary. These are:

(a) manufacture and/or storage on behalf of third parties;

(b) sub-letting; and

(c) subsidiaries operating on the same site as the parent company.

Manufacture/storage on behalf of third parties

Anyone manufacturing and/or storing explosives would normally need to hold a licence even if they are carrying out the activities on behalf of a third party.

An individual or business that contracts a third party to store on its behalf would not normally require a licence.

Who is carrying out the activity and holds the duty under the licence depends on who has effective control of the operation, ie who determines in practice what is stored and how it is stored. For example:

• Company A is contracted to store explosives on behalf of Company B. Company B delivers the explosive to the store when Company A takes over responsibility. Company A would require the licence.
• Company C is contracted to operate an explosives store on behalf of Company D. Company C has full control over the operation of the store. Company C would require the licence.
• Company E is contracted to operate a store on behalf of Company F but decisions on what is stored and how are still taken by Company F. So Company F is still storing while Company E is providing labour. Company F would require the licence.

What security arrangements do I need to have in place?

Occupiers of licensed and registered sites must take all due precautions to prevent unauthorised access. This means the temporary storage of high explosives (other than black powder) must be either in a suitable store with a monitored alarm or under appropriate supervision.

Examples of appropriate supervision:

• The driver, attendant or other responsible person is in constant attendance
• The processes for which the explosives are required are continuing around the clock, the place of work is continually manned and access to it is controlled
• The explosives are kept in a vehicle in a compound. Access to the compound is controlled (eg securely fenced) and regularly patrolled or monitored by closed-circuit TV

Find out more about security arrangements for storing explosives.