The Terrorism (Protection of Premises) Act 2025 was made law on 3 April 2025, introducing a comprehensive framework to improve public safety by requiring organisations to take proactive measures against terrorist attacks. The legislation, commonly known as Martyn’s Law, named after Martyn Hett, a victim of the 2017 Manchester Arena bombing, aims to ensure that publicly accessible venues are adequately prepared to respond to potential terrorist threats.
Compliance
Venues utilised by organisations are to be categorised based on their capacity. A Standard Duty Premises relates to a venue that holds a capacity of 200-799 and will require minimum security measures, staff training and the Security Industry Authority (SIA) must be notified of the premises. An Enhanced Duty Premises relates to venues with a capacity of 800 or more and will involve more detailed risk assessments, security protocols and collaboration with authorities. If an organisation is responsible for premises of this size, they must assign a senior individual to oversee compliance with the legislation.
Steps to be taken:
1. Application
- Identify whether the organisation is caught by the Act, which applies to a wide range of venues, including entertainment spaces, shopping centres, sports stadiums, places of worship, healthcare facilities, educational institutions, and hospitality venues.
- Establish whether the venue falls under the Standard Duty or Enhanced Duty category based on its capacity.
2. Terrorism Risk Assessment
- Conducting a risk assessment is mandatory, regardless of the duty tier. The assessment should assess potential threats, evaluate existing security measures, identify vulnerabilities and how these can be eliminated or minimised.
- For Enhanced Duty Premises, the assessment must be regularly updated to reflect any changes in threat levels or venue operations.
3. Security Measures
- Standard duty premises: Basic security measures, such as evacuation and lockdown procedures, should be implemented, and staff should be trained to respond effectively to a range of terrorism scenarios.
- Enhanced duty premises: A comprehensive security plan must be developed, including physical security measures (e.g. CCTV, barriers) and controlled access systems. A designated senior official responsible for compliance must be appointed.
4. Workforce Training
- Staff must be provided with ongoing training tailored to their roles, including the ability to recognise suspicious behaviour, what to do in the event of a threat, and the emergency procedures to be followed.
- Enhanced Duty Premises should implement advanced training, including simulations and scenario-based exercises.
5. Document Management and Record Keeping
- Details of risk assessments, training sessions, security measures and incident responses should all be recorded and readily accessible. The SIA will request this documentation for review during their compliance checks.
- Enhanced Duty Premises will be required to maintain a comprehensive security plan and make this available to the SIA when requested.
6. Responsible Person
- Identify a senior individual responsible for overseeing the security strategy and compliance. This person should also be expected to coordinate and engage with regulatory authorities.
7. Regular Review
- Security measures for both Standard and Enhanced Duty Premises must be regularly reviewed and updated as needed, particularly following renovations or building work.
Penalties
- Failing to comply with Martyn’s Law could result in significant fines, particularly in the event of ongoing non-compliance. Standard Duty Premises will face penalties of up to £10,000, while Enhanced Duty Premises could see fines of up to £18 million or 5% of worldwide turnover, whichever is greater.
- The SIA may also impose restriction notices, which would limit the use of the venue and its operations.
At Harold & McCormack Law, we support businesses not only with their proactive duty of compliance but also in relation to investigations brought by the regulator. If you would like further information, please contact enquiries@haroldandmccormacklaw.com
Disclaimer: This information is for general information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. Please contact us for specific advice on your circumstances.