Prospective

Schedules

Schedule 4E+W+SLicensing: disclosure of plans of premises

Part 2SScotland

schedule 4 paragraph 7 + 7SThe Licensing (Scotland) Act 2005 (asp 16) is amended as follows.

schedule 4 paragraph 8 + 8SIn 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.”

schedule 4 paragraph 9 + 9SIn 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,”.

schedule 4 paragraph 10 + 10SIn 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”.

schedule 4 paragraph 11 + 11SAfter Schedule 1 insert—

Section 9(2A)

“Schedule 1ASInclusion of plans of premises in licensing register

Plans that may be included in licensing registers

p04954 + 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

p04982 + p04981 + 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

p05001 + (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”).

p05009 + (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”).

p05024 + (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.

p05040 + (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.

p05073 + (6)In such a case sub-paragraph (4) applies only if the register containing the non-compliant plan is accessible to the public online.

p05078 + (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.

p05133 + (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.

p05138 + (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.”