Premises owners are under a new duty to protect their visitors – Martyn’s Law

Martyn’s Law is now in force

In May 2017, a terrorist attack at an Ariana Grande concert in Manchester killed 22 people and injured many more. Since 2017, there have been 15 further terror attacks in the UK, with over 40 plots disrupted by the security services – that we know of. The Terrorism (Protection of Premises) Act was a reaction to the Manchester Arena attack. The Act, (in the modern style known as ‘Martyn’s Law’, after one of the victims of the attack), imposes a duty on those responsible for certain premises and events to consider and prepare for the risk of a potential terrorist attack.

Martyn’s Law aims to reduce premises’ vulnerability to attacks, to ensure that venues are better prepared and protected, and ready to respond in the event of an attack.

Which Premises are Affected?

The Act establishes a tiered approach, linked to the number of individuals it is reasonable to expect may be present at the same time at premises and events. It imposes different requirements on ‘standard’ duty premises and ‘enhanced’ duty premises. Clients who operate premises should consider whether they fall within the scope of the Act, and then prepare to implement the measures outlined.

A qualifying premises must satisfy the following criteria to fall within scope of the Act, and be:

• a premises as defined in the Act;
• wholly or mainly used for one or more qualifying activity in Schedule 1 (e.g. for entertainment, retail, food and drink, museums and galleries, sports grounds, visitor attractions, places of worship, health, and education establishments); and
• meet the thresholds for the numbers of individuals present at a premises.

The definition is broad, so is likely to encompass a variety of clients. Those who run sports venues, hospitality venues, entertainment spaces should consider what actions they need to take. We consider these in more detail below.

‘Standard’ duty premises and events

These are generally those where it is reasonable to expect that between 200 and 799 individuals (including staff) may be present at the same time, at least occasionally. The responsible person (person who has control of the premises) will be required to:

1. notify the Security Industry Authority (SIA) of their premises; and
2. have in place, so far as reasonably practicable, appropriate public protection procedures.

The public protection procedures are intended to be low-cost and easy to implement, and their aim is to reduce the risk of physical harm being caused to individuals relating to evacuation, locking down the premises and communicating with affected individuals.

‘Enhanced’ duty premises and events 

These are premises or events where it is reasonable to expect that 800 or more individuals (including staff numbers) may be present on the premises at least occasionally. In addition to the requirements for standard duty premises, the enhanced duty premises must:

1. have in place, so far as reasonably practicable, appropriate public protection measures that could be expected to reduce both
   1. the vulnerability of the premises or event to an act of terrorism, and
   2. the risk of physical harm being caused to individuals if an attack was to occur there or nearby. For example, enhanced duty premises will be required, so far as is reasonably practicable, to implement measures relating to the monitoring of the premises and their immediate vicinity;
2. document the public protection procedures and measures in place, or proposed to be put in place, and provide this document to the SIA. This document should include an assessment of how the public protection procedures and measures reduce vulnerability and/or the risk of harm; and
3. Where the responsible person is not an individual, they must designate a senior individual with responsibility for ensuring that the responsible person complies with these requirements.

Implementation of the Act’s requirements – penalties

To implement and enforce Martyn’s Law, a new regulatory function is to be established within the Security Industry Authority (SIA).

The SIA’s primary role is to support and advise premises on how best to meet the requirements of the legislation. However, persistent or serious non-compliance may result in severe possible sanctions, such as:

• compliance notices;
• financial penalties (up to £10,000 for standard duty premises and £18 million or 5% worldwide revenue for enhanced duty premises or qualifying events)
• restriction notices being issued (only applicable to enhanced duty premises and qualifying events)

It will be an offence to fail to comply with an information notice, provide false or misleading information, obstruct the SIA or impersonate an inspector.

The SIA will also be given powers to inspect premises (with notice) or arrange interviews with staff to assess compliance. Full details about how the SIA will exercise enforcement powers is to be approved by the Home Secretary and will be issued in due course. It is not yet clear whether these enforcement actions will tie in with planning or licensing conditions, so it is advisable to prepare well ahead of the Act being fully implemented.

What action is required?

Businesses who own or run large premises will be affected by the Act. However, the Government has already produced some useful guidance (found here) which outlines the duties for events and premises and helps to explain the definitions of key points of the Act such as capacity calculations and who are ‘Responsible Persons’.

The Government have provided a lengthy implementation period of 24 months to allow for the set-up of the regulator, and for premises and venues to understand and then action their obligations. It is good practice to make an early start.

During the implementation period, those who own what may be qualifying premises or run qualifying events are advised to consider the factsheets provided by the Home Office for guidance on how to prepare and to implement those measures.

The factsheets and guidance make it clear that the Act essentially formalises existing risk assessment requirements, which most well-run venues and premises will already have in place. The key difference is the enforcement power of the SIA. However, there appears to be ample support for implementation, with the Government focussing on proactive steps to reduce harm in the event of an attack. The guidance also notes plans for there to be social media promotion, press releases, media briefings and stakeholder engagement campaigns in preparation for the impact date in 2 years’ time.

Our specialist Licensing team can advise further if required. Please feel free to contact Amelia for guidance on this topic at: [email protected]