Martyn’s Law:
What it means for your security provision
What is Martyn’s Law?
Following the enquiry into the 2017 Manchester Arena bombing and the campaign led by Figen Murray, the mother of Martyn Hett, who tragically died alongside 21 others in the attack, Protect Duty undertook a consultation period that has led to the establishment of ‘Martyn’s Law’. This consists of several duties that will need to be undertaken by owners, landlords, businesses organisations and authorities operating in Publicly Accessible Locations (PALs).
Martyn’s Law is designed to improve the safety and security of public venues aiming to protect the British public from terrorism.
The Bill ensures that public premises and events are better prepared to prevent and respond to terrorist attacks. It requires them to fulfil necessary but proportionate measures according to their capacity and size to mitigate the impact of such an attack and reduce potential harm. Through Martyn’s Law these venues will be better prepared to respond effectively in the event of a terrorist attack.
The Bill will establish a tiered model, linked to the activity that takes place at a premise or event and its capacity:
Enhanced Tier
This tier will see additional requirements placed on high-capacity venues in recognition of the potential catastrophic consequences of a successful attack.
This will apply to premises and events with a capacity of 800 or more individuals, for example, live music premises or events, theatres, and department stores.
Those responsible for an enhanced duty premises or qualifying public events must:
- Notify the Regulator of their premise or event
- Take ‘reasonably practicable’ measures that will reduce the risk of a terrorist attack occurring or physical harm being caused. The reasonably practicable test is utilised in other regulatory regimes e.g., Health and Safety, and will enable organisations to tailor their approach to the nature of the premises, and their activities and resources
- Keep and maintain a security document, aided by an assessment of the terrorism risk, which must also be provided to the Regulator
- If the responsible person is a body corporate, they must appoint an individual as the designated senior individual for the premise or event.
Standard Tier
Those responsible for Standard Tier premises must:
- Notify the Regulator that they are, or have become, responsible for premises within scope of the Bill (and so subject to the relevant requirements). This remains broadly in line with previous
- Have in place procedural measures that could be expected to reduce, so far as reasonably practicable, the risk of physical harm to individuals at the premises in the event of an attack. These relate only to the procedures to be followed by people working at the premises in the event of an attack occurring or being suspected as about to occur. As the procedural measures are about procedures for responding to an attack or suspected attack, it is not expected or required that physical alterations be undertaken or additional equipment purchased for Standard Tier premises.
- In contrast to the published draft Bill, there is no requirement to complete a specified form (the ‘Standard Terrorism Evaluation’) for Standard Tier premises or ensure that people working at the premises are given any specific training. However, as part of putting in place the procedural measures, workers will need to be sufficiently instructed or trained to carry them out effectively.