Martyn’s Law - implications for the UK real estate sector of the anti-terror bill

The Bill, known as ‘Martyn’s Law’ in tribute of Martyn Hett who was killed alongside 21 others in the 2017 Manchester Arena attack, aims to improve public safety by imposing a legal duty on those responsible for qualifying premises and events to implement measures that reduce the risk of harm during terrorist attacks.

The Bill was introduced to Parliament on 12 September 2024 and is currently undergoing Parliamentary scrutiny. The bill is expected to become law in the first quarter of 2025.

UK property owners and occupiers should be aware of the new statutory duties and follow the Bill’s progress.

Who and what is affected?

The Bill is intended to apply to those who control premises and events that are fully or partly open to the public. These include premises used as shops, hotels, for the sale of food and drink, bars, nightclubs, sports grounds, hotels, hospitals, places of worship, educational establishments, bus and railway stations, museums and places that host entertainment activities.

The Bill is the Government’s attempt to balance the need to protect the public against terrorist threats whilst also ensuring that regard is given to costs, proportionality, and the risk of creating an undue burden on businesses in implementing measures that achieve the Government’s aim.

The Bill seeks to meet this objective by establishing a tiered approach, linked to 1) the activity that takes place at premises or an event and, 2) the number of individuals it is reasonable to expect may be present on the premises at the same time.

The person responsible for qualifying premises or events is the person who has control of the premises in connection with its use. Where premises are let, this will be the tenant. However, in some circumstances, for instance a shop within a shopping centre, the tenant and the property owner would each be responsible persons and must co-ordinate and co-operate in complying with the requirements imposed.

Duty owed:

The bill categorises venues into "standard duty" and "enhanced duty" premises based on capacity, with corresponding requirements.

Premises where 200 or more people may be present would fall within the standard tier and be required, so far as is reasonably practicable, to put in place public protection measures to be followed by staff with the objective to reduce the risk of physical harm to individuals who may be present if any act of terrorism were to occur at the premises or event.

Enhanced duty premises and qualifying events include venues where 800 or more people may be present and are subject to additional obligations which include measures relating to monitoring the premises and surrounding area for threats, maintaining detailed compliance records, and the physical safety and security of the premises.

Consequences of non-compliance:

The Government’s intention is that the regulator function of Martyn’s Law will be delivered as a new function of the Security Industry Authority (SIA). The SIA will oversee the regulation of these premises, with the power to issue compliance notices, restrict venue operations for non-compliance, and levy financial penalties. Responsible persons that fail to comply run the risk of facing regulatory inspections and substantial fines, ranging from £10,000 to £18 million or 5% of global revenue for enhanced tier premises or events. The Bill also includes some criminal offences for non-compliance.

What's next?

• A call for evidence was announced earlier this month, seeking written views from those with relevant expertise and experience or a special interest in the Bill. The announcement encourages responses, ideally before the Public Bill Committee first sits on 29 October.
• The Bill is still subject to change as it moves through the Houses, but we understand that following Royal Assent, businesses will be given time and support to understand and implement their new obligations and allow for the new regulator to be established. This will include dedicated guidance so that those affected will have the required information on what to do and how best to do it.