Propel Legal Briefing - Anticipation, alerts and action by Michelle Hazlewood

First appearing for Propel Hospitality in their Legal Briefing on April 12th 2023

Anticipation, alerts and action by Michelle Hazlewood

On 23 April, we celebrate St George’s Day as usual, but this year brings a twist of something new and unknown. At 3pm, the UK will be the witness to a test of a digital modern-day knight in shining armour. We are talking about the test of the new UK Emergency Alert System where mobile phones across the country will emit a loud alarm and vibrate for around ten seconds. 

In days of old we lit beacons on the top of hills and used other communications such as Viking blow horns to make others aware of hazards. But back then these warnings were only ever sounded when the hazard was already inevitable and upon us. This government says the new system will be a nationwide method of notifications intended to alert recipients about potential severe flooding, fires and extreme weather. 

This alert should be a trustworthy source of information as it can only be sent by the emergency services or government. The warning is also geographically sensitive so that it is only providing you with guidance that is relevant to your current location – in other words you will not get an alert for floods in Somerset if you are in Newcastle. 

This is most definitely an example of digital technology being used at its best and most essential. It has not yet been made clear about what information the alerts will specifically include but we do know that the system is modelled on similar schemes in the US, Canada, the Netherlands and Japan. In countries abroad we see alerts distributed for emergencies such as missing children. It begs the question whether these notifications are likely to be used in other scenarios, such as a tool to try and protect the public from man-made threats – particularly relating to civil disorder and terrorism. 

The new system directed my thoughts to the horrific terror attacks that have occurred in recent years such as at Borough Market and Manchester Arena – as well as the changes to UK legislation that these incidents have encouraged. Martyn's Law is pending UK-wide legislation that will place a requirement on those responsible for certain publicly accessible locations to consider the threat from terrorism and implement appropriate and proportionate mitigation measures. It is named in tribute of Martyn Hett, who was killed alongside 21 others in the Manchester Arena terrorist attack in 2017. Within hospitality, we must consider how these new innovations interact together and how these measures would play out within the venues we know and love. 

The locations where people are most likely to congregate, including pubs, bars and arenas, must have measures in place to prevent and protect against terrorist attacks. This will not just be in place as an expectation of good practice, it is to be legislated as an official duty. Many venues are already starting to look at the risk assessments and are considering what steps will need to be taken to improve public safety within their businesses – all of which is dependent on the size of the venue and the activities it undertakes. 

Martyn’s Law explains there are two tiers of venue that will have different rulings to follow in order to keep in line with the law – with a focus on staff training, risk assessments and plans of action in case an incident comes about. It will be interesting to see whether this new emergency alert system will tie into the expectations and actions that this new law might advise on. Operators will need to contemplate how their customers will react if they receive an emergency alert notification – especially in larger venues. Many members of staff in busy establishments such as bars or clubs might not have access to their mobile phone while working or could be too wrapped up with their day-to-day operations to notice such an alert going off. It could be that the public visiting the site become aware of the potential threat much sooner than those running the venue. Could it be that an alert relating to terrorism or another life-threatening emergency would lead to crowds attempting to rapidly leave the premises? 

If this is the case, then it is not too farfetched to imagine guests panicking and trying to emerge into the streets where the danger could be most prominent. An unorganised exit and rush of panicked people could also lead to a risk of trampling and crushes – a very concerning thought. An escape route plan should be included in evacuation procedures, but it is worth keeping in mind that this plan may have to be adaptable depending on the situation at hand as these emergencies are often dynamic. Alternative routes should be made clear and communicated properly to staff to make sure that the venue has options available for escape. Signage is of great importance for an orderly exit, and it might be worth keeping in mind signs can be adjusted to redirect people safely may prove useful in these scenarios. However, if staff training and understanding is not sufficient, then there is a risk of confusion, and the consequences of simple mistakes could be detrimental. 

However, the new legislation acknowledges that in difficult and unpredictable circumstances, people can only do their best. Terrorism related training courses have proven that having these processes in place may make it easier for staff to respond appropriately to an emergency rather than falling into a state of panic. Even if processes are not carried out to the letter as originally planned, a rehearsal alone can make a staff member more aware of the options they have available and adaptive if a problem was ever to become reality. 

While there is no Excalibur to slay the beast in these kinds of horrific events, it could be that the combination of this new emergency alert system and Martyn’s Law might be the measures we need to save lives and encourage a safe and thriving hospitality sector. The current terrorism threat level as set by MI5 is at substantial – meaning an attack is likely. This makes it all the more vital that action and prevention is put in place within the sector. We are eager to see what this new legislation and alerts might mean for the industry and how we can implement them into day-to-day operations.

Michelle Hazlewood is a partner at John Gaunt & Partners