Martyn’s Law Update – What Hospitality and Leisure Businesses Need To Know

Stephen Panton, a regulatory compliance and enforcement specialist at local law firm Stephens Scown, has been closely following proposed legislation known as Martyn’s Law that the government is intent on bringing in. The aim is to minimise the risk of a terrorist attack and minimise harm caused if an attack happened.

Martyn’s Law will apply to people who own or operate publicly accessible premises and spaces that have capacity to hold 100 or more people, including holiday parks, tourist attractions, entertainment venues, hotels and restaurants/cafes across the UK. What will be required will depend on the size of the premises/venues and type of the activities taking places. Premises and venues will be split into “standard tier” and enhanced tier” premises and venues.

The suggested penalties for failing to comply are substantial. Up to £10,000 for standard tier premises and £18 million or more for enhanced tier premises and qualifying public events.

The proposed duties are as follows;

Standard Tier Premises/Venues (capacity to hold 100-799 members of the public)

Owners and operators will need to:

• register their premises with the regulator tasked with enforcing Martyn’s Law
• 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, including procedures for evacuation, bringing people into premises to keep them safe in the event of an attack, securing premises against attackers, and making sure workers are sufficiently instructed or trained to follow the procedural measures put in place.

Enhanced Tier Premises and Qualifying Public Events (capacity to hold 800 or more members of the public)

The measures that owners and operators will need to implement or follow include:

• register premises and notify qualifying public events to the regulator
• take reasonably practicable security measures that align with existing statutory regimes (such as Health and Safety & Fire Safety) to minimise the risk of a successful terrorist attack and reduce the level of physical harm caused in the event of an attack, measures which may include the installation of physical measures, controls and barriers,
• ensure a terrorism risk assessment of the premises is completed and reviewed
• ensure a terrorism risk assessment of a public event is completed at least three months before the event takes place or as soon as reasonably practicable after details of the event are made available to the public
• keep and maintain a security plan, aided by an assessment of the terrorism risk, which must also be provided to the Regulator;

If you would like more information please click here or email Steve at s.panton@stephens-scown.co.uk to discuss what issues you are likely to have to start thinking about soon.