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Protecting the public from terrorism – new legal duties for publicly accessible locations
As you may be aware, the Terrorism (Protection of Premises) Bill, also known as Martyn’s law, was published in May 2023. It follows a campaign by the mother of Martyn Hett, who was killed alongside 21 others in the devastating Manchester Arena terrorist attack in 2017, to bring a new specific counter-terrorism obligation to the legislative agenda.
Whilst the Bill is still subject to parliamentary debate and not likely to come into force until later 2023 or early 2024, the aim of legislation is to improve public safety by enhancing preparedness for and protection from terrorist incidents in all public spaces. It places duties on those responsible for public spaces (and therefore best placed to fully understand the potential security risks that they face), to develop and implement appropriate and proportionate mitigation measures to enhance protection from terrorist attacks whilst also preparing for such an eventuality.
The aim is to establish a tiered model focused on proportionality, where additional requirements will be placed on ‘enhanced tier’ high-capacity public places (i.e. those with a capacity of over 800 people). In practice, proportionate mitigation measures for smaller venues and locations are likely to entail relatively simple changes to existing processes, comprising low additional costs. For larger public venues, the implementation of measures will be limited to those that are ‘reasonably practicable’. Appropriate measures could be a combination of physical and behavioural interventions, from the installation of CCTV, to the provision of effective staff training to encourage vigilance and ensure that staff are able to respond appropriately in the event of a terrorist attack.
The new duty would apply to any “qualifying public premises”, defined as any building or location that is used for a use specified in the Bill (including entertainment, education, retail, attractions), and which has a maximum occupancy of the premises meets a specified threshold of either 100 plus (‘standard tier’) or 800 plus people (‘enhanced tier’). The person responsible for “qualifying public premises” or “qualifying public events” must register them, although it is currently unclear to who or how.
Whilst the proposed definition might change when the final legislation is published, the current scope of the duty is undoubtedly far-reaching and is likely to mandate the cooperation of those responsible for medical centres and hospitals, town halls, places of worship, schools and universities as well as music and sports venues, to name a few.
Sanctions for non-compliance are severe, with those in control of enhanced tier premises facing fines up to £18 million or 5% of qualifying worldwide revenue. Fines and prison sentences can also be imposed on individuals.
Many of you will have already considered the threat from terrorism and many will have already implemented measures (physical and/or behavioural) to reduce the risk. However, now would be a good time for you to re-visit the issue and review risk assessments, building a robust understanding of the specific security risks posed, identifying and recording how each location or venue might be targeted and how it may be better protected and prepared.
Louise Mansfield
Legal Director
0370 194 5065 | 07436 037389
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