Risk assessment reviews and planning required as ‘Martyn’s Law’ becomes UK law

The Terrorism (Protection of Premises) Act has now received royal assent, becoming law on 3 April. The legislation was promoted in response to the aftermath of the Manchester Arena bombing.  It is known as ‘Martyn’s Law’, after victim Martyn Hett. ‘Martyn Law’ aims to keep people safe, reducing the risk to the public from terrorist attacks at public venues. The requirements under the Act are set to come into effect around April 2027, after a 24 month implementation period.

Kevin Bridges, health and safety law expert at Pinsent Masons, said: “Whilst there is a two year transition period, duty holders have significant work to undertake if they are to ensure compliance.”

The Act makes provisions requiring the assessment and mitigation of risks from terrorist activity at, or in the immediate vicinity of, certain publicly accessible premises or events.

The Act covers "qualifying premises," which are publicly accessible locations primarily used for purposes such as entertainment, leisure, retail and food and drink, museums, galleries, sports grounds, government buildings, visitor attractions, places of worship, health, and education establishments. These premises are categorised based on their capacity. “Standard duty premises” are locations with a capacity of 200 to 799 individuals, while “enhanced duty premises” are locations where it is reasonable to expect 800 or more individuals to be present at the same time. Additionally, the Act applies to "qualifying events," which are public events held at premises not classified as enhanced duty premises but where 800 or more individuals may be present at the same time at some point during the event.

The Act mandates the implementation of a new "protect duty" for owners and operators of qualifying premises, requiring them to consider terrorism threats and adopt appropriate mitigation measures. This duty extends across England, Wales, Scotland, and Northern Ireland, with specific sections and schedules amending the Licensing Act 2003 and Licensing (Scotland) Act 2005 to address premises at heightened risk of terrorist activity.

The steps to be taken will depend on the size and nature of activities at these locations. For standard duty premises, public protection procedures such as evacuation, invacuation, lockdown and communication procedures must be implemented without necessitating physical alterations or equipment purchases.

Enhanced duty premises and qualifying events must put in place and regularly review public protection measures to reduce vulnerability to terrorist acts and minimise the risk of physical harm to individuals. These measures must be documented and submitted to the Security Industry Authority (SIA).

The SIA will serve as the regulator, equipped with investigatory powers and enforcement actions, including civil sanctions for non-compliance. The Act introduces criminal offences for failing to comply with compliance or restriction notices, providing false information, obstructing inspectors, or failing to comply with inspection notices.

Penalties for non-compliance vary based on the type of premises with standard duty premises potentially facing fixed penalties up to £10,000. Enhanced duty premises and qualifying events could face fixed penalties of up to £18 million or 5% of worldwide revenue, with additional daily penalties for ongoing contraventions.

The government is set to publish guidance on the procedures to be taken. In the meantime, venues and other relevant business should consider what the Act means for them.

Bridges said: “Whilst the detail of the promised guidance intended to assist those responsible to understand the requirements set out in the legislation is awaited, duty holders should start planning now for the new duties. For instance, duty holders should consider which of their premises are in scope of the new requirements.  Risk assessments should be reviewed to identify any gaps and mitigation measures put in place. Training will be required, and duty holders should consider now who may need this, and what this training may look like.”