Terrorism (Protection of Premises) Bill

In May 2017, the Manchester Arena was subject to a terrorist attack which killed 22 people and injured 1,017 others. Martyn Hett, who was 29 at the time, was amongst those killed. Since 2017, there have been a further 14 terror attacks in the UK. In response to this complex, evolving and enduring threat picture, the Government has developed the Terrorism (Protection of Premises) Bill, also known as ‘Martyn’s law’.

The Premise of Martyn’s Law

Martyn’s Law is expected to become legislation as part of the 2023-2024 parliamentary session, which runs until October 2024. If the Bill is enacted in its current form, a new ‘protect duty’ will be imposed on the operators of public venues and events across the UK, which is intended to mitigate the impact of a terrorist attack and reduce harm.

The implementation of Martyn’s Law will be felt across the hospitality sector and beyond, with the measures expected to affect a wide range of venues, including shops, hotels, restaurants, bars, theatres, concert halls and sports grounds.

It is worth noting that although the Bill places the requirement on the person who has control of the premises (usually the operator or occupier), there will also be a requirement for co-operation on those with aspects of control of the premises (e.g., the owner of a premises where not the operator) where necessary to deliver requirements.

The Three-Part Test

Venues will be drawn within the scope of the ‘protect duty’, as qualifying public premises, if three tests are met.

The first test is the qualifying activity test, and the Bill sets out a large number of activities that will cause a venue to fall within the scope of the new legislation, ranging from use for the retail sale of goods, to the exhibition of a film and the provision of healthcare.

The second test is the eligible premises test, and a venue will be captured if it is either a building or land which has a readily identifiable, physical boundary and is publicly accessible. Temporary events, such as music festivals, are therefore captured under the Bill. Exemptions are made for office buildings and private dwellings.

The third test is the maximum capacity test, and a venue will be captured if it has a public capacity of 100 or more individuals.

The Bill also provides that public events which are not held within an eligible premises, but which are accessible to the public and which have a capacity of 800 or more individuals, will be subject to the new legislation. The Bill refers to these events as ‘qualifying public events’.

Standard and Enhanced Duty Premises

The Bill will establish a tiered model, linked to the activity that takes place at a premise or event and its capacity.

Standard duty premises are qualifying public premises with a capacity of 100-799 individuals. The measures which must be implemented by these venues are intended to be low cost, simple-yet-effective activities, which are expected to improve the level of preparedness for an attack. The Bill sets out two such measures:

1. Registration of the venue as a venue that falls within the scope of the Bill.
2. Putting in place procedural measures, to be followed by people working at the premises in the event of an attack, that could be expected to reduce, so far as reasonably practicable, the risk of physical harm to individuals at the premises.

The published draft of the Bill included a requirement for standard duty premises to complete a standard terrorism evaluation, however this has been removed following subsequent consultation, in an attempt to strike the right balance between public protection and avoiding undue burdens on smaller premises.

Enhanced duty premises are qualifying public premises with a capacity of 800 or more individuals. The measures which must be implemented by these venues, as well as those hosting ‘qualifying public events’, are intended to create a culture of vigilance and security. The Bill sets out six measures which must be complied with:

1. Registration of the venue as a venue that falls within the scope of the Bill.
2. Completion of a terrorism risk assessment, which should be reviewed at least once annually (and in the case of qualifying public events, the assessment must be carried out at least three months before the date on which the event is to begin). The assessment should include details of the types of terrorism most likely to occur at the premises or event, the reasonably practicable measures in place to reduce the risk of acts of terrorism happening in the vicinity of the premises or event and the reasonably practicable measures in place to reduce the risk of physical harm in the event of an act of terrorism.
3. Provision of terrorism protection training to the relevant workers, which should cover the types of terrorism most likely to occur at the venue or event, the indications that an act of terrorism may be occurring and the procedures which should be followed in the event of an act of terrorism.
4. Implementation of reasonably practicable measures in order to reduce the risk of an act of terrorism occurring, and to reduce the risk of harm in such an event. In particular, the Bill specifies measures in relation to the monitoring of, and movement of people within, the premises or event.
5. Appointment of a senior designated officer, who must be either the organiser or a person with management responsibilities.
6. Completion of a security plan, which must be provided to the regulator, to include details of the premises or event, the senior designated officer, the terrorism risk and any measures which have been put in place.

Enforcement

The identity of the Bill’s regulator is yet to be confirmed, although the Bill does set out that the regulator will either be prescribed by the Secretary of State, or will be the Secretary of State. Such regulator will have investigatory powers in order to determine whether the measures set out by the Bill are being adhered to.

If the regulator has reasonable grounds to believe that a requirement has been contravened, the regulator is entitled to hand out a contravention notice requiring the relevant operator to comply within a specified period of time.

The regulator will also have the power to give restriction notices where a requirement has been contravened by an enhanced duty premises or a qualifying public event, and where the notice is deemed necessary to protect the public against terrorism. A restriction notice is a notice which requires the operator to whom it is given to take steps to ensure that the use of the premises is restricted. Examples include restricting the purposes for which the premises can be used or specifying a maximum number of people permitted to access the premises. Whilst a restriction notice may not be put in place for a period of more than six months, the regulator does reserve the right to extend these notices.

Monetary Penalties

The regulator will also have the power to hand out monetary penalties in the form of penalty notices. For standard duty premises, the maximum penalty notice is £10,000. If the penalty relates to an enhanced duty premises or a qualifying public event, the maximum fine will be the greater of £18m and 5% of the operator’s qualifying worldwide revenue.

In addition to penalty notices, the regulator may also impose daily penalties. For standard duty premises, the daily penalty may not exceed £500. For enhanced duty premises or qualifying public events, the daily penalty may not exceed 1% of the amount specified in the penalty notice. The total amount of daily penalties may not exceed the amount specified by the penalty notice.

Offences

Non-compliance with a contravention notice or a restriction notice by an enhanced duty premises or a qualifying public event will constitute a criminal offence.

Drawing Conclusions

The introduction of Martyn’s Law will be felt across the UK’s hospitality sector and beyond. The new ‘protect duty’ should complement current health and safety legislation, and will be welcomed as a necessary step to enhance public safety at large venues and events.

The impact of the Bill on enhanced duty premises and qualifying public events in particular, however, will not be trivial. The measures which must be implemented by these operators are significant, and the penalties for non-compliance will be heavy. Operators of such venues and events should familiarise themselves with the proposed measures and get ready to work on implementation. We are told that dedicated guidance and support will be provided for Martyn’s Law, to ensure that those in scope have the required information on what to do and how best to do it, although it is not known at this stage when that will be available.

Martyn’s Law is expected to become legislation before October 2024.