The Terrorism (Protection of Premises) Bill

The Terrorism (Protection of Premises) Bill, known colloquially as ‘Martyn’s Law’ has been published today (Tuesday 2^nd May) along with explanatory notes, and a letter from Tom Tugendhat, Security Minister, to Dame Diana Johnson, Chair of the Home Affairs Select Committee about the Draft Terrorism (Protection of Premises) Bill.

‘Martyn’s Law’ will place a requirement on those responsible for certain venues to consider the threat from terrorism and implement appropriate and proportionate mitigation measures.

The legislation aims to ensure that people are prepared, ready to respond and know what to do in the event of an attack.

The legislation is part of the government’s response to the Manchester Arena Inquiry Volume 1 which recommended the introduction of legislation to improve the safety and security of public venues.

Shops, food and drink, nightclubs and premises used for entertainment activities before audiences (including plays, comedy, film, live and recorded music, indoor sports etc)  with capacities over 100 or will be subject to the new law,  premises with capacities over 800 will be subject to enhanced requirements. 

Standard duty

Persons responsible for standard duty premises will be required to undertake low-cost and effective activities which seek to improve protective security and preparedness; the aim of which is to ensure that relevant workers are given appropriate terrorism protection training. “Relevant worker” means an individual who works at, or in connection with, the premises or event, and has responsibilities that make it appropriate for them to receive terrorism protection training.

It is irrelevant when determining if a worker is a “Relevant worker” to consider whether the individual is an employee; the individual works full-time at, or in connection with, the premises or event; the individual is remunerated for their work at, or in connection with, the premises or event. (But these matters may be relevant to what training is appropriate).

Enhanced duty

Persons responsible for enhanced duty premises and qualifying events must:

• ensure that a terrorism risk assessment of the premises or event (as the case may be) has been completed, and
• from time to time revise the assessment to keep it up to date.

A terrorism risk assessment of enhanced duty premises must be reviewed:

• each time a material change is made to the premises or to the use of the premises, and
• before the end of the period of 12 months, beginning with the day on which the assessment or the most recent review (as the case may be) was completed.