Terrorism (Protection of Premises) Act 2025

Prospective

Section 34

Schedule 4 E+W+S Licensing: disclosure of plans of premises

Part 1 E+W England and Wales

1 E+W The Licensing Act 2003 is amended as follows.

Commencement Information

I1 Sch. 4 para. 1 not in force at Royal Assent, see s. 37(2)

2 E+W In section 8 (requirement to keep a register)—

(a) in subsection (1)(c) after “mentioned in” insert “Part 1 of”, and

(b) after subsection (1) insert—

“(1A) Part 2 of Schedule 3 makes provision about the inclusion of plans of premises and plans of works in a register kept under this section.”

Commencement Information

I2 Sch. 4 para. 2 not in force at Royal Assent, see s. 37(2)

3 E+W In section 17(3) (list of things that must accompany an application for a premises licence) omit the “and” at the end of paragraph (b) and insert—

“(ba) if that plan is not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, by a plan of those premises that is compliant with those regulations, and”.

Commencement Information

I3 Sch. 4 para. 3 not in force at Royal Assent, see s. 37(2)

4 E+W In section 29(6) (list of things that must be included in a schedule of works accompanying an application for a provisional statement) omit the “and” at the end of paragraph (b) and insert—

“(ba) if those plans are not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, plans of those works that are compliant with those regulations, and”.

Commencement Information

I4 Sch. 4 para. 4 not in force at Royal Assent, see s. 37(2)

5 E+W In section 71(4) (list of things that must accompany an application for a club premises certificate) omit the “and” at the end of paragraph (b) and insert—

“(ba) if that plan is not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, a plan of those premises that is compliant with those regulations, and”.

Commencement Information

I5 Sch. 4 para. 5 not in force at Royal Assent, see s. 37(2)

6 (1) Schedule 3 (matters to be entered in licensing register) is amended as follows. E+W

(2) For the heading substitute “Further provision about licensing registers”.

(3) After the heading insert—

“Part 1

Matters to be entered in licensing register”.

(4) The existing text becomes paragraph 1.

(5) At the end insert—

“Part 2 E+W Inclusion of plans in licensing register

Plans that may be included in licensing registers

2 (1) This paragraph applies where a licensing authority—

(a) receives an application under section 17 (application for premises licence),

(b) receives an application under section 71 (application for club premises certificate),

(c) issues a premises licence, or

(d) issues a club premises certificate.

(2) The authority must not enter in the register kept by it under section 8 a plan of the premises to which the application, licence or certificate relates unless the plan complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025.

3(1) This paragraph applies where a licensing authority receives an application under section 29 (application for provisional statement).

(2) The authority must not enter in the register kept by it under section 8 a plan of the works at the premises to which the application relates unless the plan complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025.

Replacement of old plans of premises included in licensing registers

4 (1) This paragraph applies where—

(a) a licensing authority—

(i) has received a pre-commencement application under section 17 (application for premises licence),

(ii) has received a pre-commencement application under section 71 (application for club premises certificate),

(iii) has issued a pre-commencement premises licence, or

(iv) has issued a pre-commencement club premises certificate, and

(b) the register kept by the licensing authority under section 8 contains a plan of the premises to which the application, licence or certificate relates that does not comply with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the non-compliant plan”).

(2) An interested person may apply to the authority for the non-compliant plan to be—

(a) removed from the register, and

(b) replaced with a modified version of the plan that complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the compliant plan”).

(3) An application under sub-paragraph (2) must be accompanied by—

(a) the compliant plan, and

(b) a fee of an amount specified by regulations under section 34(4) of the Terrorism (Protection of Premises) Act 2025.

(4) If the authority receives an application under sub-paragraph (2) that complies with sub-paragraph (3), the authority must—

(a) remove the non-compliant plan from the register, and

(b) replace it with the compliant plan.

(5) Sub-paragraphs (6) and (7) apply where the application under sub-paragraph (2) relates to—

(a) a pre-commencement application under section 17 that was made before 27 March 2013,

(b) a pre-commencement application under section 71 that was made before that date,

(c) a pre-commencement premises licence that was issued before that date, or

(d) a pre-commencement club premises certificate that was issued before that date.

(6) In such a case sub-paragraph (4) applies only if the register containing the non-compliant plan is accessible to the public online.

(7) If the register containing the non-compliant plan is not accessible to the public online but the interested person specifies (in the application under sub-paragraph (2)) the location of that plan in the register, the authority may remove that plan from the register and replace it with the compliant plan.

(8) In this paragraph—

• “interested person” means a person who holds a premises licence or club premises certificate in respect of the premises to which the plan mentioned in sub-paragraph (1)(b) relates;

• “pre-commencement application under section 17” means an application under section 17 made before the date on which paragraph 3 of Schedule 4 to the Terrorism (Protection of Premises) Act 2025 comes into force;

• “pre-commencement application under section 71” means an application under section 71 made before the date on which paragraph 5 of Schedule 4 to the Terrorism (Protection of Premises) Act 2025 comes into force;

• “pre-commencement premises licence” means a premises licence the application for which is a pre-commencement application under section 17;

• “pre-commencement club premises certificate” means a club premises certificate the application for which is a pre-commencement application under section 71.

Replacement of old plans of works included in licensing registers

5 (1) This paragraph applies where—

(a) a licensing authority has received a pre-commencement application under section 29 (application for provisional statement), and

(b) the register kept by the licensing authority under section 8 contains a plan of the works at the premises to which the application relates that does not comply with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the non-compliant plan”).

(2) An interested person may apply to the authority for the non-compliant plan to be—

(a) removed from the register, and

(b) replaced with a modified version of the plan that complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the compliant plan”).

(3) An application under sub-paragraph (2) must be accompanied by—

(a) the compliant plan, and

(b) a fee of an amount specified by regulations under section 34(4) of the Terrorism (Protection of Premises) Act 2025.

(4) If the authority receives an application under sub-paragraph (2) that complies with sub-paragraph (3), the authority must—

(a) remove the non-compliant plan from the register, and

(b) replace it with the compliant plan.

(5) Sub-paragraphs (6) and (7) apply where the application under sub-paragraph (2) relates to a pre-commencement application under section 29 that was made before 27 March 2013.

(6) In such a case sub-paragraph (4) applies only if the register containing the non-compliant plan is accessible to the public online.

(7) If the register containing the non-compliant plan is not accessible to the public online but the interested person specifies (in the application under sub-paragraph (2)) the location of that plan in the register, the authority may remove that plan from the register and replace it with the compliant plan.

(8) In this paragraph—

• “interested person” means a person who holds a premises licence, club premises certificate or provisional statement in respect of the premises to which the plan mentioned in sub-paragraph (1)(b) relates;

• “pre-commencement application under section 29” means an application under section 29 made before the date on which paragraph 4 of Schedule 4 to the Terrorism (Protection of Premises) Act 2025 comes into force.

Disclosure of plans not included in licensing register

6 (1) This paragraph applies where a licensing authority—

(a) is prevented by paragraph 2 or 3 from entering a plan of premises or plan of works in the register kept by it under section 8,

(b) is required by paragraph 4(4) or 5(4) to remove a plan of premises or plan of works from the register kept by it under section 8, or

(c) has removed, under paragraph 4(7) or 5(7), a plan of premises or plan of works from the register kept by it under section 8.

(2) The authority must not disclose the plan otherwise than in accordance with section 185 (provision of information to other licensing authorities or responsible authorities).”

Commencement Information

I6 Sch. 4 para. 6 not in force at Royal Assent, see s. 37(2)

Part 2 S Scotland

7 S The Licensing (Scotland) Act 2005 (asp 16) is amended as follows.

Commencement Information

I7 Sch. 4 para. 7 not in force at Royal Assent, see s. 37(2)

8 S In section 9 (Licensing Board’s duty to keep a public register) after subsection (2) insert—

“(2A) Schedule 1A makes provision about the inclusion of plans of premises in a licensing register.”

Commencement Information

I8 Sch. 4 para. 8 not in force at Royal Assent, see s. 37(2)

9 S In section 20(2)(b) (list of things that must accompany an application for a premises licence) after sub-paragraph (ii) insert—

“(iiza) if that layout plan is not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, a plan of the subject premises that is compliant with those regulations,”.

Commencement Information

I9 Sch. 4 para. 9 not in force at Royal Assent, see s. 37(2)

10 S In section 46(2) (list of things that must accompany an application for confirmation of a provisional premises licence) omit the “and” at the end of paragraph (c) and insert—

“(ca) if that layout plan is not compliant with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025, a plan of those premises that is compliant with those regulations, and”.

Commencement Information

I10 Sch. 4 para. 10 not in force at Royal Assent, see s. 37(2)

11 S After Schedule 1 insert—

Section 9(2A)

“Schedule 1A S Inclusion of plans of premises in licensing register

Plans that may be included in licensing registers

1 (1) This paragraph applies where a Licensing Board—

(a) receives a premises licence application,

(b) issues a premises licence, or

(c) receives an application for confirmation of a provisional premises licence.

(2) The Board must not enter in the licensing register kept by it a plan of the premises to which the application or licence relates unless the plan complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025.

Replacement of old plans included in licensing registers

2 (1) This paragraph applies where—

(a) a Licensing Board—

(i) has received a pre-commencement premises licence application,

(ii) has issued a pre-commencement premises licence, or

(iii) has received a pre-commencement application for confirmation of a provisional premises licence, and

(b) the licensing register kept by the Board contains a plan of the premises to which the application or licence relates that does not comply with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the non-compliant plan”).

(2) An interested person may apply to the Board for the non-compliant plan to be—

(a) removed from the register, and

(b) replaced with a modified version of the plan that complies with regulations under section 34(2) of the Terrorism (Protection of Premises) Act 2025 (in this paragraph “the compliant plan”).

(3) An application under sub-paragraph (2) must be accompanied by—

(a) the compliant plan, and

(b) a fee of an amount specified in regulations under section 34(4) of the Terrorism (Protection of Premises) Act 2025.

(4) If the Board receives an application under sub-paragraph (2) that complies with sub-paragraph (3), the Board must—

(a) remove the non-compliant plan from the register, and

(b) replace it with the compliant plan.

(5) Sub-paragraphs (6) and (7) apply where the application under sub-paragraph (2) relates to—

(a) a pre-commencement premises licence application that was made before 27 March 2013,

(b) a pre-commencement application for confirmation of a provisional premises licence that was made before that date, or

(c) a pre-commencement premises licence that was issued before that date.

(6) In such a case sub-paragraph (4) applies only if the register containing the non-compliant plan is accessible to the public online.

(7) If the register containing the non-compliant plan is not accessible to the public online but the interested person specifies (in the application under sub-paragraph (2)) the location of that plan in the register, the Board may remove that plan from the register and replace it with the compliant plan.

(8) In this paragraph—

• “interested person” means a person who holds a premises licence in respect of the premises to which the plan mentioned in sub-paragraph (1)(b) relates;

• “pre-commencement premises licence application” means a premises licence application made before the date on which paragraph 9 of Schedule 4 to the Terrorism (Protection of Premises) Act 2025 comes into force;

• “pre-commencement premises licence” means a premises licence the application for which was a pre-commencement premises licence application;

• “pre-commencement application for confirmation of a provisional premises licence” means an application under section 46(1) for confirmation of a pre-commencement premises licence.

Disclosure of plans not included in licensing register

3 (1) This paragraph applies where a Licensing Board—

(a) is prevented by paragraph 1 from entering a plan of premises in the licensing register kept by it,

(b) is required by paragraph 2(4) to remove a plan of premises from the register kept by it, or

(c) has removed, under paragraph 2(7), a plan of premises from the register kept by it.

(2) The Board may disclose the plan to a person mentioned in sub-paragraph (3) for the purpose of facilitating the exercise of the person’s functions under this Act.

(3) The persons are—

(a) a Licensing Board,

(b) a Licensing Standards Officer,

(c) the council within whose area the premises are situated,

(d) the relevant health board,

(e) the chief constable,

(f) the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005 (asp 5) in respect of the premises.

(4) The Board must not disclose the plan otherwise than in accordance with sub-paragraph (2).

(5) If the plan is disclosed in accordance with this paragraph the plan must not be further disclosed except to a person mentioned in sub-paragraph (3) for the purpose of facilitating the exercise of the person’s functions under this Act.”

Commencement Information

I11 Sch. 4 para. 11 not in force at Royal Assent, see s. 37(2)