In response to the growing threat of terrorism and following the tragic events at Manchester Arena, the Government has now passed the Terrorism (Protection of Premises) Act 2025 (the “Act”), widely referred to as Martyn’s Law.
This legislation introduces significant legal obligations on those that operate premises and venues that are open to the public. The purpose of these legal obligations is to improve protective security and to require premises to be better prepared in the event of a terror attack.
For business owners and those occupying commercial premises affected by Martyn’s Law, understanding and adhering to these changes is essential.
Who is affected?
Martyn’s Law applies to a wide range of premises and venues that are open to the public, including those operating in the hospitality, leisure, entertainment and retail sectors as well as education. Additionally, specific qualifying activities, such as fairs, festivals, open-air performances, and firework displays, are also expected to comply with Martyn’s Law.
To achieve proportionate security measures, the Act is tiered in its approach and will require property owners and occupiers to implement various measures depending on their size.
Premises with a capacity of between 200 and 799 are required to comply with the standard duty; and premises with a capacity of over 800 people are required to comply with an enhanced duty.
What are the key duties under the Bill?
For premises subject to the standard duty, businesses need to ensure appropriate public protection measures are in place. This includes evacuation, invacuation and lockdown procedures as well as providing staff with the necessary training to respond effectively in the event of a terrorist incident.
Premises with a capacity of 800 or more people, and which are therefore subject to an enhanced duty, must comply with the requirements above as well as being required to implement appropriate public protection measures that are reasonably expected to reduce the vulnerability of the premises. This includes measures such as installing and staffing CCTV, developing policies for perimeter, entry and ticket checks and developing and ensuring public protection plans are in place and rehearsed.
Complicating factors could be where a venue straddles tiers because of changes in capacities, meaning it may need to ensure it can meet both the standard and enhanced duty obligations.
The Act also introduces a mandatory requirement that businesses must inform the Security Industry Authority (SIA) when they become responsible for a premises that are within the scope of the Act and imposes a duty to conduct risk assessments to identify potential threats and vulnerabilities of premises.
Failure to Comply
In the event of non-compliance, the SIA is able to issue a range of civil sanctions including compliance notices, restriction notices and monetary penalties.
What should businesses consider?
Businesses affected by Martyn’s Law need to consider the operational and financial implications. The costs of implementing these security measures may be considerable, especially for the larger venues with capacities over 800. Landlords and tenants of qualifying spaces should prioritise risk assessments, security reviews and training to ensure compliance, especially for enhanced duty premises.
Both landlords and tenants affected by Martyn’s Law should consider the terms of their agreements to ensure they are clear about who will bear responsibility for compliance with Martyn’s Law.
Additionally, business sales will require extra due diligence to ensure that businesses are operating affected premises in compliance with Martyn’s Law.
In conclusion, Martyn’s Law has introduced significant new responsibilities and financial burdens for businesses operating affected premises and they must ensure that they are fully compliant.
If you would like to discuss anything raised in this blog, please contact Beth Margetson or Megan Evans on 0121 236 7288.
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