Martyn’s Law Protect Duty

Martyn’s Law impacts organisations, businesses, local and public authorities, and individuals who own or operate premises or events that could be impacted by the new Terrorism (Protection of Premises) Bill which the Home Sectretary introduced to Parliament on 12th September 2024. 

This proposed law is a direct response to the Manchester Arena Investigation and was named after Martyn Hett who was killed alongside 21 others in the Manchester Arena terrorist attack in 2017.  The previous government wasn't able to implement the new law, but Labour committed to introducing their own Bill in their recent King's speech and have now done so. 

After working diligently with security partners, businesses, and victim groups, Martyn’s Law will require venues to take additional steps to improve public safety. The details of the additional steps will depend on the capacity of the venue and the activity taking place. 

This new law is likely to apply to premises used for:

  • Entertainment and leisure
  • Retail
  • Food and drink
  • Museums and galleries
  • Sports grounds 
  • Visitor attractions
  • Temporary events
  • Places of worship 
  • Health
  • Education 

What it means for organisations and businesses

This new Martyn’s Bill, when it becomes Law, will require businesses to consider their premises risk for a terrorist attack. It will require specified premsies to have in place reasonably practicable appropriate public protection measures that will reduce the vulnerability of the premises/event and physical harm being caused in the event of an attack

If your premises houses less than 200 people, it is likely that Martyn’s Law will not apply to your building, although we are awaiting confirmation on the lower threshold.

The new Bill classifies businesses that could host between 200 and 799 people within their premises would fall under the ‘Standard Tier’ and be subject to the new requirements.  The Secutriy Industry Authority, who also licence door supervisors, has been identified as the Regulator of this new regime.

If your premise can house above 800 people, the premises may fall under the ‘Enhanced Tier’. This means you will be required to:

  • have in place reasonably practicable appropriate public protection measures that will reduce the vulnerability of the premises/event and physical harm being caused in the event of an attack,
  • document compliance and provide this to the regulator (the Security Industry Authority), and
  • in instances where the responsible person is not an individual, appoint a designated senior individual.

Does Martyn’s Law apply to universities and colleges?

Yes, it was intended that Martyn’s Law will apply to universities and colleges if: 

  • A building (or multiple buildings such as an all-on-one campus university) is used for education, food and drink, sports, and entertainment. 
  • A temporary event that has a defined boundary, such as a university or college open day that might not use the whole campus.

What it means for places of worship

Places of worship would have also fallen under this proposed law, and the former government announced in June 2023 their plans to give places of workshop £28 million in funding to help keep the premises and attendees safe. 

Applications for this funding have now closed, with the Places of Worship Protective Security Funding Scheme finishing in September 2023 and the Protective Security for Mosques Scheme finishing in February 2024.

How to best prepare for a terrorist attack

To best prepare for terrorist activity, there are many actions you and your colleagues can take, and it all starts with staying alert. Being alert to suspicious behaviour and activities around your premises can make you more aware of your surroundings and more prepared to take action. 

If you have any concerns about suspicious activity or behaviour, it is important to report these concerns.

You should also assess the premises for any vulnerabilities that could be taken advantage of to orchestrate an attack. You should also assess your online communications and online security for any vulnerabilities - for instance, with passwords or internal communications. 

Make sure your staff are fully trained and that they personally feel prepared in case of an attack. Training can help alleviate some anxiety about what to do during a potentially stressful situation.

By developing a counter-terrorism security plan, you can best prepare as well. 

Under the Health and Safety at Work Act 1974, event organisers are required to provide a safe place for their employees and event attendees. A counter-terrorism security plan should include measures on how to deter, detect, delay, mitigate, and respond to an attack to cover all potential bases. 

Any questions about Protect Duty Martyn’s Law?

There are many different aspects to Martyn’s law, and you may require extra assistance to ensure your premises are compliant.

If you are unsure of any element of Martyn’s Law or how it could affect your premises, please get in touch with our team of licensing specialists today. You contact us through our contact form, or reach out directly on 0114 266 8664 or info@john-gaunt.co.uk.