Licensing of premises at heightened terrorism risk

Please see our Blog post on the main contents and context of the new draft Terrorism (Protection of Premises) Bill found here. This new draft legislation sets out a protective framework introducing new security requirements for premises. These requirements include consideration of the threat from terrorism and implementing appropriate measures such as post-attack procedures and terrorism protection training.

As part of this framework amendments to the Licencing Act 2003 have been put forward to impose obligations on Licencing Authorities and licenced premises.

Disclosure of Premises Plans

Currently, the Licencing Act 2003 requires that operating schedules and premises plans for all licensed premises must be made available for inspection by the public, free of charge.

Such plans could be used for hostile reconnaissance, to prevent this the Government is amending the Licensing Act 2003.

Going forward, where a terrorism protection statement (TPS) is in place the licencing authority must not make that plan available for inspection or supply any person with a copy of the plan.

A TPS is a statement which advises that, in the opinion of an appropriate security advisor, is at heightened risk of terrorist activity.

Withdrawal of terrorism protection statement (TPS)

It is proposed that if a premises has, with the assistance of an appropriate security advisor, determined that their premises is no longer at heightened risk of being the target of a terrorist activity and there is already a TPS is place, that premises must withdraw that statement.

What this means for Licenced Premises?

The criteria to determine when a TPS is needed is still under consideration and it is not yet clear when a TPS will be required. However, if a premises currently holds a premises licence or club certificate it is safe to assume that a TPS may be required.

As such premises to whom this section applies should closely monitor the new legislation and subsequent regulations as to when a TPS may be required and subsequently how often circumstances need to be reviewed regarding withdrawal.