When you want to light a garden bonfire, please remember that bonfire smoke can be very irritating and even harmful, particularly to people with chest or heart problems.

Consider the alternatives to burning:

Composting

A properly built compost heap will deal with most garden waste, leaves, grass cuttings, even paper and cardboard. A leaflet on how to make a compost heap is available from Customer Sevices Direct.

Garden waste which is not suitable for composting can be disposed of at one of Suffolk County Council's Household Waste Sites.

Sites can be found at:

Blood Hill, Somersham, BRAMFORD
Eye Road, BROME
Rougham Hill, BURY ST EDMUNDS
Station Road, HADLEIGH
Portman Walk, IPSWICH
Bury Road, STOWMARKET

If you cannot get to a household waste site, garden refuse will be collected by the Council's refuse contractor if it is contained in their special garden waste bags - these may be purchased direct from an authorised supplier or from one of our customer service centres. Please note: Green (garden waste) sacks will be collected at the same time as your Refuse bin (black).

If you must have a bonfire, remember to warn your neighbours.

• Never use petrol to light a bonfire.
• If you do light a fire, ensure that only dry material is burnt. This will produce the minimum of smoke. Never add household rubbish or rubber tyres to the fire, or use sump oil to set it alight.
• Do not light a fire when weather conditions will cause problems. Smoke hangs in the air on damp, windless days and in the evening around sunset.
• Do not burn when the wind will carry smoke over other people's property, or over roads.
• Bonfires can be dangerous, and should never be left unattended.
• Do not leave a fire to smoulder - douse it with soil or water.
  
  If You are Troubled by Bonfire Smoke…

There are four possible courses of action you can take:

1. The Direct Approach

Try talking to those responsible for the bonfire. They may not be aware that they are causing a problem and a reasonable approach may encourage a reasonable response.

2. Contact the Environmental Health Services via Customer Service Direct.

Section 80 of the Environmental Protection Act, 1990 gives the Council powers to deal with smoke from bonfires which causes a nuisance.

Once the Council Officer is involved he or she will usually try to resolve the matter informally.

However, if on investigation the Council's Officer is satisfied that the smoke constitutes a nuisance, the Officer is able to serve a Notice on the person responsible requiring abatement of the nuisance. If the Notice is not complied with, proceedings can be taken in the Magistrate's Court. The maximum penalty on summary conviction is £5,000.

3. Complain Direct to a Magistrate

If, following an investigation, your complaint cannot be substantiated by the Council, possibly as a result of the bonfire not being alight at the time of the Officer's visit, you still have a right to complain to the Magistrate's Court.

Under the procedures laid down by Section 82 of the Environmental Protection Act you may make a private complaint to the Magistrate's Court; should you wish to do this, you are recommended to either:

a) See a solicitor, or
b) Contact the local office to the Clerk to the Justices and ask for guidance upon what you should do to bring the matter before the Court.

Most solicitors operate a Legal Aid Scheme and, in certain cases, depending upon the financial circumstances of the applicant, it may be possible to obtain free legal advice and representation in court.

If the Magistrates' Court decides in your favour, it will make an Order requiring the defendant to abate the nuisance. If the defendant then contravenes the Order, he/she will be found guilty of an offence under the Act and be fined. It is important at all times, before and after any such case, to keep an accurate record of any nuisance suffered.

4. Civil Action

It is also possible to take civil action for smoke nuisance at common law by seeking an injunction to retrain the defendant from continuing to create a nuisance.

This type of action can be very expensive. Therefore, it is advisable, first, to seek the advice of a solicitor.