On 12 September, the Terrorism (Protection of Premises) Bill, or “Martyn’s Law”, was laid before parliament. The aim of the Bill is to improve protective security and organisational preparedness across the UK. The Bill requires those responsible for certain premises to take steps to reduce the risk of physical harm to individuals at the premises in the event of an attack occurring. Additionally, certain larger premises and events must also take steps to reduce the vulnerability of premises to terrorist attacks.
Named after Martyn Hett, one of the 22 victims of the Manchester Arena bombing in 2017, the law has been championed for several years by his mother, Figen Murray. It will have major implications for commercial retailers, property landlords, lawyers, event organisers, educational establishments and other property professionals. It is critical for persons in these sectors to understand how any changes to the law could affect them, not only in terms of ensuring that their companies, properties and personnel remain compliant and legal, but in order to keep their staff, customers and the public safe from any potential threats or harm.
How it operates
Martyn’s Law will work across two tiers of premises: standard tier, where 200 to 799 people can reasonably be expected to attend from time to time; and enhanced, for premises and events that will be attended by 800 or more people. Premises can include buildings and associated land, for example pub gardens or hotel grounds used for dining or events.
Only premises accessible to the public will be in scope of the Bill, and only if those premises fall within a broad range of uses, as set out in the schedule accompanying it. These uses include pubs, bars, shops, leisure, healthcare, transport, education and places of worship, to name a few. Shopping centres as well as their individual shops can both separately be in scope.
Standard tier – Standard duty venues will need to have in place public protection procedures, which can be summarised as follows:
(i) Evacuation.
(ii) Invacuation – moving individuals to a place on the premises or at the event where there is less risk of physical harm being caused to them.
(iii) Lockdown – preventing individuals entering or leaving the premises or event.
(iv) Communication – providing information to individuals on the premises or at the event.
The Bill does not require physical alterations or the purchase of equipment at standard duty premises, but staff will need to be made aware of the procedures in place.
Enhanced tier – The enhanced duty premises and events will, in addition to the procedures for standard duty premises, need to have in place measures aimed at reducing the vulnerability of the premises or events to a terrorist attack. These measures may include:
(i) Monitoring of the premises or event.
(ii) The movement of individuals into, out of and within the premises or event.
(iii) The physical safety and security of the premises or event.
(iv) The security of information in relation to the premises or event.
Further requirements
Both tiers of premises will need to register with the regulator, the Security Industry Authority. An important development, for both tiers, is the need for a “responsible person”. This is the person who has control of the premises or the event in connection with their use (retailer, nightclub, pub, visitor attraction, etc). Therefore, the shop owner would be responsible rather than the freehold owner, assuming they are different. In another example, a festival organiser would be the responsible person for a festival for 900 people held in May, whereas a different festival organiser might be the responsible person for a festival held in September at the same location. The responsible person can be an individual, a limited company or other corporate entity.
Another important aspect of the Bill for freeholders is the requirement for co-operation. This applies where a person has control over premises but is not the responsible person, for example the freeholder. In this case, the freeholder must, so far as is reasonably practicable, co-operate with the responsible person for those premises to allow them to comply with the Bill’s requirements.
The government gives examples of a freeholder having to consider reasonably practicable requests to alter a building under a lease in order for the tenant to comply with obligations under the Bill; or where a freeholder is required under a lease to contribute a certain percentage of costs for premises to remain fit for purpose, and the responsible person has identified that certain measures require expenditure in order for the premises to comply with the Bill.
The government has made it clear that the starting point for the regulator is to provide advice, but sanctions for failing to comply, should the Bill become law, could initially include warnings, followed by compliance notices and – for enhanced duty premises and events – restriction notices.
Penalty notices for failure to comply carry maximum limits of £10,000 for standard duty and £18m for enhanced duty, with concurrent daily penalties of £500 and £50,000 respectively.
For corporate entities, senior individuals can also be held liable for offences under the law.
Plan ahead
The Bill is due its second reading in the House of Commons on 14 October. If and when it becomes law, owners and tenants are likely to have around 24 months to understand their obligations, plan and prepare. A key test in what is required for both tiers is what is reasonably practicable in the particular circumstances.
Andy Grimsey is a senior associate solicitor at Poppleston Allen