In May, the government published the draft Terrorism (Protection of Premises) Bill, more commonly known as Martyn’s Law, so named after the death of Martin Hett, one of the victims of the Manchester Arena terror attack in 2017 where tragically 22 people lost their lives.
The Bill places additional duties on those responsible for certain locations in the UK (particularly those that attract large numbers of public visitors such as events and hospitality venues) to consider the threat from terrorism and to implement appropriate and proportionate mitigation measures through improved security requirements. The aim of the Bill is to keep people safe, to enhance national security and to reduce the risk to the public from terrorism at public venues.
The Government has not yet confirmed when Martyn’s Law will come into force but it has promised to provide sufficient lead-in time to enable businesses to prepare as well as the provision of additional guidance and support. In respect of this it published guidance and a template to assist with the evaluation of terrorism.
Subject to certain exemptions, Martyn’s Law will apply where all of the following three criteria are met:
1. The premises is an eligible premises;
2. The premises is the location of a qualifying activity; and
3. The premises meets the public capacity thresholds.
Eligible Premises
Premises will be eligible if they are either a building or a location/event (whether permanent or temporary) as long as they have a defined boundary and are publicly accessible.
Qualifying Activity
Qualifying activities include locations used for entertainment and leisure, retail, food and drink, museums and galleries, sports grounds, public areas of local and central government buildings, visitor attractions, temporary events, places of worship, health and education.
Public Capacity
Martyn’s law only applies to premises with a maximum public capacity of 100 people or more. The additional duties prescribed by Martyn’s law do not apply to smaller venues with maximum public capacity of 99 or less. A venue meeting the eligibility, activity and capacity criteria will be a “qualifying premises” and will need to be registered with the regulator. It will also need to comply with one of two tiers of duty (either Standard or Enhanced), depending on the maximum visitor numbers possible within the premises.
The standard duty applies to locations with a maximum public capacity of up to 799 people. Duty holders will be required to improve protective security at their premises including the undertaking of a standard terrorism evaluation and the provision of free anti-terrorism training for staff. The aim of the standard duty is to try to increase preparedness and ensure staff at the premises know how best to respond in the event of an attack.
Any steps taken by duty holders to meet their Martyn’s Law obligations must not compromise existing regulatory duties, such as those relating to fire and health and safety or those under equality legislation including the need for accessibility.
Those with responsibility for qualifying premises with a capacity of 800 people or more have additional or “enhanced” duties.
In addition to the standard duties described above, duty-holders with responsibility for enhanced duty premises will be required to; ensure any terrorism training provided to their staff is provided at their premises; complete (and regularly review) a terrorism risk assessment and security plan which covers the types of terrorist act most likely to occur on or around their event/premises; and ensure they appoint a designated senior officer for the premises or event. The duty holder will also need to act on the risk assessment and security plan to put in place reasonably practicable mitigation measures to reduce any threat from terrorism. A copy of the security plan must be provided to the regulator.
Reasonable practicability is already a familiar concept in health and safety legislation and the approach in Martyn’s Law is no different. The duty-holder will be required to conduct a balancing exercise in the means of risk reduction against any time, money and effort required to achieve a successful level of security preparedness.
The enhanced duty will also apply to public events held at premises which would not ordinarily be classed as qualifying premises (for example outdoor events) but have a public capacity of 800 people or more and where express permission is required for entry to the event.
Persons who have some control over qualifying premises or events have a duty to co-operate with the duty holder to ensure the requirements are met.
Offices and private residential locations will be exempt.
Places of worship will automatically be placed in the standard tier, regardless of their capacity when in ordinary use. However, where a place of worship hosts a commercial event or charges for entry, it will be subject to the enhanced duty if its maximum public capacity is 800 or more.
Schools, colleges and premises used for the provision of childcare will automatically be placed in the standard tier regardless of capacity.
A range of civil and criminal sanctions will be available to the regulator to ensure that any breaches are dealt with effectively. The sanctions will include:
It will be a criminal offence for an enhanced duty holder to fail to comply with a Contravention Notice or Restriction Notice.
If you require any further information or advice please contact Stephanie Millerchip ([javascript protected email address] / 07977836199) who will be glad to assist.
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