Member Article

A critical new bill is now making its way through Parliament, with potential far-reaching implications for the general public and the real estate sector if passed.

The bill, often referred to as Martyn’s Law, was named in honour of Martyn Hett, who was killed in the Manchester Arena attack in 2017, and whose mother has been a steadfast advocate for its enactment. Formally introduced to Parliament on September 12, 2024, as the Terrorism (Protection of Premises) Bill 2024, it follows a period of public consultation. The bill proposes placing legal obligations on certain entities and individuals responsible for enhancing public security, known as the “Protect Duty.” This duty could apply to those who own or control properties where events are held.

Scope

The scope of the legislation is broad and covers all publicly accessible locations with a capacity of 100 or more people, including retail, hospitality, healthcare, education, and childcare venues, as well as stadiums, sports grounds, hotels, theme parks, places of worship, libraries, museums and galleries, academic institutions, leisure centres, shopping centres, supermarkets, tourist attractions, and similar venues for hire. Additionally, specific qualifying activities, such as fairs, festivals, open-air performances, and firework displays, are also expected to trigger the application of the Protect Duty.

To achieve proportionate security measures across public venues and events covered by the legislation, the bill provides for two distinct compliance tiers based on maximum occupancy:

• Standard Tier requirements will apply to properties with a maximum occupancy of 100 or more
• An Enhanced Tier will apply to any property with a maximum occupancy of 800 or more
• Qualifying Public Events will also need to comply with Enhanced Tier rules and regulations

Requirements

Duty holders of qualifying premises are expected to register with a regulator. The two tiers then govern the specific requirements for each. The Protect Duty, in particular, is designed to ensure that staff working at public venues and events have the skills and knowledge to protect themselves and others, minimising the impact of any terrorist incident and taking lifesaving actions where necessary.

Standard Tier duty holders must engage with counterterrorism advice and training, raise awareness, and disseminate information to staff, while equipping them to respond effectively in a terrorist incident.

Enhanced Tier duty holders, meanwhile, are required to conduct a detailed risk assessment addressing types of terrorism most likely to affect the venue. They must implement reasonably practicable measures to reduce the likelihood of terrorism and mitigate harm to individuals in the event of an attack. Enhanced Tier venues will also need to appoint a designated senior officer responsible for these duties.

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 Enhanced and Standard Tier obligations.

Simply adhering to existing health and safety legislation will fall short of these new requirements, as the bill places specific obligations, especially for Enhanced Tier duty holders, to analyse terrorism-specific risks and mitigate them where possible.

Enforcement

The regulator will have powers to issue statutory notices to a duty holder where it is believed to have contravened the law.

A Contravention Notice will require issues to be addressed within a specified timeframe, while a Restriction Notice will limit how a venue can be used. Continued breaches may result in venue closure, followed by potential criminal sanctions, including fines. For Enhanced Tier venues, breaches could lead to penalties of up to £18 million or 5% of the organisation’s qualifying worldwide revenue.

The bill’s scope is wide-ranging, affecting not only large venues but also busy pubs, restaurants, shops, and community event spaces. While some larger venues may already be familiar with assessing and mitigating terror risks, smaller venues may find these requirements challenging.

The government has stated that resources will be made available to support duty holders and that the enhanced requirements placed on venues will be kept under review.

As the legislation is rolled out, the regulator is expected to focus initially on Enhanced Tier venues and events, which are considered higher risk and more high-profile, such as sports and concert venues and shopping centres. These venues can anticipate being in the spotlight from day one.

Looking ahead

As the bill continues through Parliament, venues - particularly landlords and tenants of qualifying spaces - are encouraged to prioritise risk assessments, security reviews, and training to ensure compliance, especially for Enhanced Tier spaces. This proactive approach can prevent surprises when the legislation comes into force, allowing venues to implement changes gradually and manage the time and cost associated with compliance, rather than facing an abrupt adjustment.

 

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