Understanding Martyn’s Law

With the introduction of the Terrorism (Protection of Premises) Act 2025 – known as Martyn’s Law – to the statute book, a sweeping range of businesses and public sector organisations will need to take immediate steps to assess whether they will need to comply with the law. Given Martyn’s Law is all about protecting the public from terrorism, there is a further issue for organisations, especially those with large property portfolios or for those that might not meet the legislative thresholds but would be considered at risk of terrorist attack. They need to decide whether they will comply with the spirit of the legislation, even without the need to comply with the letter of the law. Named in memory of Martyn Hett, one of the victims of the 2017 Manchester Arena attack, Martyn’s Law is designed to improve security standards at publicly accessible venues and events. For property owners, operators and occupiers, understanding and preparing for this legislation is a crucial first step that should not wait for any impending implementation date. What is Martyn’s Law? The legislation applies to “qualifying premises”, where it is reasonable to expect: 200 or more people to be present simultaneously (standard tier) 800 or more people to be present simultaneously (enhanced tier) These thresholds encompass a wide range of commercial spaces, such as shopping centres, supermarkets, hotels, pubs, cafes, restaurants, theatres, conference centres and sports venues. Importantly, outdoor spaces like pub gardens or event areas linked to these premises may also fall within the scope of the law. Public buildings will also qualify if they meet the threshold and are not specifically exempt – so, where there is a mix of public and commercial uses, there might be the need for collaboration between the relevant parties. Likewise, ordinarily excluded public spaces that might occasionally host large public events may find they are required to comply under the enhanced tier for the duration of those events. The law introduces the concept of a “responsible person”, essentially individuals or entities with “control” over such premises, who will be required to ensure compliance. This could include landlords, tenants, property management companies and even mortgagees in possession. Where multiple parties share control, collaboration is likely to be required to ensure compliance under a joint responsibility clause. Key requirements of Martyn’s Law Under Martyn’s Law, responsible parties will need to: Notify the security industry authority: register qualifying premises and ensure compliance with regulatory oversight. Implement safety procedures: establish protocols to safeguard individuals in the event of a terrorist incident. This includes: Evacuation or shelter-in-place strategies Lockdown procedures to secure the premises Systems to disseminate critical information effectively Enhanced tier responsibilities: for premises or events in the enhanced tier, additional measures will be required, such as: Conducting regular risk assessments and updating security strategies Considering the need for infrastructure improvements, like barriers or CCTV systems Appointing a “designated senior individual” within corporate structures to oversee compliance Crucially, all measures must align with the “so far as reasonably practicable” principle, balancing the risk against the cost of resources required for implementation. How this will be balanced is likely to be further defined in the guidance that will be produced prior to the implementation date. Implications for commercial premises The scope of Martyn’s Law is extensive and its implications for commercial premises are significant. Any property open to the public could potentially be subject to the legislation, making it imperative for businesses to evaluate their operations and portfolios. Given that the first step is to understand whether a premises falls within either a standard or enhanced tier, or is otherwise excluded or exempt, this effectively requires an assessment of all properties to get to that position. The position is further complicated where there might be an interplay between premises or businesses that have various public elements. For instance, landlords of multi-tenant shopping centres may need to work closely with anchor tenants and other occupiers to ensure compliance across the entire site. Similarly, hospitality businesses such as hotels and restaurants must consider both their indoor facilities and associated outdoor spaces, such as gardens, terraces or car parks, in assessing whether they fall into one of the standard or enhanced categories or not. Exemptions Specific exemptions include: Parks and gardens used for non-commercial purposes Certain transport hubs with existing security measures – such as specified airports, national rail and underground premises, international rail premises and port facilities Designated sports grounds as defined in section 1(4) Safety of Sports Grounds Act 1975 Outside of the very narrow list of exempted premises above, the onus remains on businesses to determine whether their premises fall within the scope of the legislation. Failure to act could result in financial penalties or, in severe cases, criminal charges. Preparing for the new requirements Despite a likely two-year implementation period, commercial property stakeholders cannot simply wait until that period is over without risk to their businesses. Immediate action to ensure readiness is likely to pay future dividends. Here are some of the steps businesses can take: Review your property portfolio: identify any premises that meet the qualifying thresholds and determine their tier classification. Consider whether there is merit in implementing the policy requirements across all public facing properties, irrespective of whether they reach the 200-person threshold, to ensure best practice is across the estate. Conduct security audits: evaluate existing safety measures and any counter-terrorism policies in place. They will likely need revising once the regulations and guidance are published and understanding where these documents are and who has control of them will be essential. Budget for compliance: assess the potential costs of implementing new security measures, such as access controls, CCTV or barriers for enhanced tier premises. Identify, appoint and train responsible personnel: designate individuals or teams within your organisation to oversee compliance efforts, particularly for enhanced tier premises or premises where there is likely to be a joint responsibility. Engage with stakeholders throughout the organisation: provide training to ensure anyone likely to have to play a part in the process is equipped to understand and implement the legal requirements. Consider documentation, such as leases, contracts and other agreements to ensure that they are fit for purpose. Where necessary, consider amendments or updates to standard wording and clauses – especially where in relation to enhanced tier premises and events or where there will be a joint responsibility. Be prepared Martyn’s Law marks a transformative moment for public safety in the UK, with commercial property operators, landlords, management companies and developers among others playing a significant role in ensuring that staff and public are protected, as much as can be reasonably expected, from terrorist attacks. Advisers in the commercial property world will need to guide clients through the nuanced requirements as and when the detailed guidance is published and implementation timetable becomes clear. However, in the interim, anyone likely to be required to take action when the time comes will be doing themselves a significant disservice by not beginning the process now of identifying premises, establishing an organisational structure and looking forward proactively to what Martyn’s Law will bring in the near future. Piers Warne is a legal director at TLT Photo © Scott Webb/Pexels