Martyn’s Law: considerations for property owners

The Bill is intended to enhance public protection from acts of terrorism by placing statutory duties on the premises operators of specific properties. The Bill is so-named Martyn’s Law in recognition of one of the victims of the Manchester Arena terror attack in 2017 and the recommendations from the findings of the Manchester Arena Inquiry.

This legislation seeks to cover a vast variety of premises types – including arenas, stadiums, shopping centres, campuses, schools, festivals, fairs and visitor attractions. The duties which are intended to be imposed by the law are on the person/body/organisation who has ‘control of the premises’, which can include the owners or occupiers (e.g. commercial tenants).

It is crucial that such persons in ‘control’ of qualifying premises are mindful of their potential obligations should the proposed Bill become law.

When would the law apply?

It is intended that the law will apply if three criteria are met:

The premises must be eligible

A premises will be caught by the law if it is a building or event area with a defined boundary and is somewhere publicly accessible. Temporary events such as festivals would also be captured by the law.

Note that there are some buildings which are excepted from the proposed regime: office space, premises of private dwellings (e.g. a block of apartments) and premises bound by existing transport security regimes.

There is a qualifying activity.

The qualifying activities are extremely broad and include both specific and general activities, such as retail, food and drink, sporting events, entertainment, leisure activities, museums, galleries, education, health, and places of worship.

The maximum capacity meets the threshold.

Premises will not be impacted by the legislation if the maximum public capacity of a premises is less than 100 people. For premises with capacity over 100 people, the proposed legislation sets out two tiers of duties, standard and enhanced.

The maximum capacity of the premises will determine which of the two duties applies to the premises operator:

• Standard Tier Duty – this will apply to locations with a maximum public capacity of 100-799 people. The Bill provides for specific evaluative actions to be taken in relation to the standard tier, which could require the operator to provide protection training to staff or compile risk evaluation plans in the event of a terrorist attack.
• Enhanced Tier Duty – This applies to locations with a public capacity of 800 or more people. Enhanced duties may require (on top of the standard tier requirements) completing and updating a security plan for the premises, appointing a designated senior officer for the premises and implementing mitigation measures to reduce the threat of terrorism.

Sanctions/Considerations

The regulator/regulating body for Martyn’s Law has not yet been confirmed, however it is expected that they will have extensive powers at their disposal to enforce and investigate premises operators, writes

Proposed sanctions include:

• Contravention Notices – a notice requiring a premises operator to take remedial action to resolve a contravention in the law.
• Restriction Notices – a notice issued where it is believed a contravention has occurred and the regulator believes that the premises requires the imposition of restrictions to protect premises attendees from the risk of terrorist acts.
• Civil Penalties – can be imposed for failure to comply with any of the above two notices. Penalties of £10,000 for standard duty premises operators and £18 million or 5% of worldwide revenue (whichever is higher) for a premises operator for enhanced duty premises operators.
• Criminal Penalties – could be imposed in the form of proposed fines or a prison sentence for the failure to comply with notices or if an operator provides false and/or misleading information to the regulator.

Next Steps

As outlined above, the Bill is at committee stage and is therefore susceptible to amendment and change prior to its introduction to Parliament.

Those who fit the criteria of being qualifying premises operators should consider the duties above and review existing security/risk measures in line with the proposed legislative guidance. Considering updates and government announcement on Martyn’s Law will also aid timing-wise for those who will need to take steps to ensure compliance.

Sharpe Pritchard will be keeping a close eye on the passage of the Bill and the likely impact that the final legislation could have on those in ‘control’ of premises.

James Nelson is an Associate and Ewan Anthony a Trainee Solicitor at Sharpe Pritchard LLP.

This article is for general awareness only and does not constitute legal or professional advice. Law and guidance relating to the said Bill is likely to be subject to updates and the law may have changed since this page was first published. If you would like further advice and assistance in relation to any issues raised, please contact us today by telephone or email.

How can we assist?

Sharpe Pritchard’s real estate department offers advice and guidance to local authorities and private landlords across the full spectrum of property issues. If you would like to discuss any issues raised in this article or connected topics (e.g. asset management or commercial leases) please contact James Nelson (jnelson@sharpepritchard.co.uk) on 0207 405 4600.