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North West Bylines
Home News Crime and Justice

Bonfires: Are ‘unauthorised’ fires actually illegal?

Cheshire Fire and Rescue Service clarifies that unauthorised bonfires are not automatically illegal, but the Council warns against them

Adam Green by Adam Green
08-11-2025 06:56
in Crime and Justice
Reading Time: 7 mins read
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Local Authority warns about unauthorised bonfires

Cheshire West and Chester Council has warned residents that unauthorised bonfires can be illegal and unsafe. The Council’s 21 October 2025 press release urges local people to attend official events or burn only on private property, citing potential health and fire risks from items dumped on open fires. The press release underlines that items such as gas canisters, microwaves, toxic foam from sofas and mattresses, can sometimes be disposed of on unauthorised bonfires, posing a serious hazard to people and property.

Fire Brigade clarifies unauthorised is not always illegal

However, clarification from Cheshire Fire and Rescue Service (in email correspondence) shows a more nuanced picture of how bonfires are treated in practice. The Fire Service emphasised safety and risk assessment rather than automatic enforcement. The Service reports that small deliberate fires in Cheshire West numbered 15 in 2023, and 32 in 2024, more than a doubling of the reported numbers in one year. However, Cheshire Fire and Rescue Service could not confirm how many of these fires were linked to unauthorised bonfires.

Legal status of bonfires

The Council’s press release describes unauthorised bonfires as illegal. However, the Fire Service notes that bonfires are not automatically unlawful. Intervention occurs only if a fire poses a risk to life, property, or constitutes a statutory nuisance under environmental protection laws.

Cheshire Fire and Rescue Service outlined that its crews use a risk-based approach. Between 2  and 6 November 2025, the Service intended to tolerate celebratory fires that are supervised and safe. Crews assess the size of the fire, materials used, proximity to buildings, and presence of a responsible adult before deciding whether action is required (email correspondence0.

The distinction between ‘unauthorised’ and ‘illegal’ is important for residents, as the Fire Service provides guidance rather than issuing blanket enforcement. The Service also investigates and reports unsafe fires to local authorities if hazards are identified, maintaining coordination with the Council’s StreetCare team.

Fire safety advice

Cheshire Fire and Rescue Service has published detailed safety guidance for residents planning small-scale or community bonfires:

  • Fires should be supervised at all times by a responsible adult over the age of 18 years old.
  • Children must be kept at a safe distance from flames.
  • Fires should be built on stable surfaces, sized appropriately for the space, and located away from buildings, fences, and trees.
  • Accelerants must never be used to start or maintain the fire.
  • Water should be kept nearby to manage any accidental spread.
  • If the fire becomes unsafe, residents should call 999 immediately.

The Service encourages residents to consult its Bonfire Night webpage for comprehensive guidance, noting that a responsible approach is more effective at preventing harm than strict enforcement alone.

Coordination with local authorities

Cheshire Fire and Rescue Service works with all local authorities, including Cheshire West and Chester Council, to monitor potential hazards. Firefighters report unsafe materials or bonfires to StreetCare, who may investigate further. The Service notes that residents can also contact the Council to report unauthorised bonfires or fly-tipping.

The Fire Service approach is advisory, allowing celebratory fires to proceed when assessed as safe. In contrast, the Council’s press release presents a stricter interpretation of legal risk, suggesting that all unauthorised bonfires are unlawful. The difference highlights the importance of accurate public communication to avoid confusion.

North West Bylines has written to Cheshire West and Chester Council seeking clarification in light of the Fire and Rescue Service’s comments. The Council Confirmed that the 2025 Public Space Protection Order prohibits lighting fires in public areas. Other laws, including the Environmental Protection Act 1990 and Clean Air Act 1993, may also apply. Enforcement is coordinated with Cheshire Fire and Rescue Service and Cheshire Police, and Fire Service crews continue to assess small fires based on safety risk. 

Public safety vs enforcement

Council guidance focuses on removing unauthorised bonfires to reduce the risk of injury, fire spread, and toxic emissions. Statements from the Council’s Cabinet Member for Community Safety, Councillor Stuart Bingham, describe items such as gas canisters and toxic foam being dumped on bonfires as posing serious health risks.

Cheshire Fire and Rescue Service confirmed that these hazards are serious. The Fire Service emphasises supervision, fire size, and material safety rather than issuing blanket legal judgments.

This distinction matters for residents and community groups wishing to hold small, controlled bonfires. Understanding what constitutes a true safety risk allows communities to celebrate bonfire night safely without unnecessary restriction.

Implications for residents

Residents in Cheshire West and Chester should note that:

  • Safety is the priority as adherence to Fire Service guidance can prevent accidents and limit the spread of fire.
  • Unauthorised does not mean illegal because only fires that create a statutory nuisance, endanger life, or breach environmental protection laws are unlawful.
  • From a Reporting and monitoring perspective, both residents and Fire Service crews can alert the Council to potentially unsafe fires.

Community groups, such as those in Blacon, Winsford, and Ellesmere Port, have historically held local bonfires and may benefit from this clarification when planning events. Understanding Fire Service guidance ensures residents can continue traditional celebrations safely and legally.

Alway focus on safety

Residents should focus on safety, supervision, and responsible practices, rather than assuming that any unauthorised bonfire is automatically illegal. Cheshire Fire and Rescue Service provides detailed guidance and a risk-based approach to ensure community celebrations are safe.

By understanding the distinction between legal status and safety risk, and making sure to follow safety guidance, residents can enjoy Bonfire Night traditions responsibly.

Accurate communication from both the Council and Fire Service ensures the public is informed, safe, and able to celebrate without confusion over what is allowed and what isn’t.


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Adam Green

Adam Green

Adam Green is an experienced journalist and professional based in Liverpool, specialising in legal, social justice, and community issues. With a background in legal casework and contract analysis, Adam brings deep insight into the complexities of regulatory and compliance matters, enhancing his investigative reporting. He has contributed to a wide range of topics, including justice system reform, climate change, community safety, and mental health, combining factual accuracy with empathy and clarity. Adam is also active in suicide prevention and bereavement support, which informs his sensitive approach to challenging subjects. Alongside journalism, Adam leads trauma-informed wellbeing programmes as a director of a social enterprise, bridging storytelling with mental health advocacy and community impact Follow him on BlueSky

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