Terrorism (Protection Of Premises) Act 2025

Legal background

41. There are no existing legal obligations to consider the risk of a terrorist attack occurring, and the harm that might arise if one did, across the range of premises and events to which this Act will apply.
42. The creation of a new, statutory "Protect Duty" was a recommendation resulting from the public inquiry into the deaths of 22 victims at Manchester Arena on 22 May 2017. The monitored recommendation (‘MR4’) was made by the Manchester Arena Inquiry Chair in his Volume 1 report which considered security at the arena. The introduction of these statutory requirements is new.
43. The Act does not amend or repeal existing legal regimes, save for the provisions at section 34 and Schedule 4 which amend the Licensing Act 2003 and the Licensing (Scotland) Act 2005.
44. The Licensing Act 2003 is the principal legislation in England and Wales regulating ‘licensable activities’:
    1. the sale by retail of alcohol;
    2. the supply of alcohol in a club setting;
    3. the provision of certain ‘regulated entertainment’; and
    4. the provision of ‘late-night refreshment’ (food and hot beverages between 11pm and 5am).
45. The 2003 Act promotes four statutory objectives to be considered when a licensing function is carried out by a local licensing authority in England and Wales. The objectives are:
    1. the prevention of crime and disorder;
    2. public safety;
    3. the prevention of public nuisance; and
    4. the protection of children from harm.
46. The principal legislation controlling the sale of alcohol in Scotland is the Licensing (Scotland) Act 2005 .
47. The 2005 Act contains five licensing objectives:
    1. preventing crime and disorder;
    2. securing public safety;
    3. preventing public nuisance;
    4. protecting and improving public health; and
    5. protecting children and young persons from harm.