Martyn's Law

What is Martyn’s Law? 

The Terrorism (Protection of Premises) Bill - known as Martyn’s Law - is designed to improve safety and security at a wide range of publicly accessible premises and events across the UK. The aim is to mitigate risk in the event of terrorist attack.

‘Qualifying premises’ are those where it is reasonable to expect that 200 or more people may be present at the same time in connection with a qualifying use (“standard tier"), with additional duties imposed if 800 or more people are reasonably expected to be present ("enhanced tier"). And a ‘qualifying event’ is one at which it is reasonable to expect at least 800 attendees at the same time, where access is controlled. Note that the test is whether it is “reasonable to expect” such number of people “from time to time”, even if not the expected capacity of the premises or event.

The new law will require a responsible person - the person or persons with “control” of the premises or event to adopt "appropriate public protection procedures" and to notify the Security Industry Authority (SIA) in relation to qualifying premises and large-scale public events. Any required measures will be subject to a “so far as reasonably practicable” test, although exactly what this means will require clarification. But we expect that a similar test to that used in fire and health & safety law – degree of risk measured against costs and resources - will be applied.

And licensing laws across the UK will be amended to provide tighter restrictions on the extent to which premises plans may be disclosed or included in public registers to prevent their use in planning a terrorist attack.

The SIA will have the power to levy "appropriate and proportionate" financial penalties for non-compliance and some breaches will create criminal offences.

What will I need to do?

In short, those responsible for qualifying premises and events will need to:    

• Notify the Security Industry Authority (SIA), the designated regulator for Martyn’s Law.

• Ensure that appropriate protection measures are in place to reduce the risk of physical harm to individuals if an act of terrorism were to occur on the premises, at an event being held there or in their immediate vicinity. Clear procedures will be needed for anyone working at the premises or the event to follow if there is reason to suspect an act of terrorism. These are measures with a view to:

- evacuating anyone present at the premises or event, or moving them to a place of safety;

- locking down premises so that no-one can enter or leave; and

- disseminating information where needed.

• Carry out additional duties to reduce “the vulnerability of the premises or event to acts of terrorism” for premises where it is reasonable to expect 800+ people to be present at the same time or where an event could attract 800+ people. These ‘enhanced’ duties include keeping public protection measures under review, for example the need for CCTV or installation of barriers. Also preparing and maintaining risk assessments and statements of compliance.

Who will be impacted?

Even though the 2017 Manchester Arena bombing was the catalyst for the new law, affected premises will extend beyond entertainment venues and visitor attractions. They will include: supermarkets, shopping centres, hotels, cafés / restaurants, pubs, theatres, conference centres, places of worship, schools/universities, non-exempt transport hubs, hospitals, childcare facilities, hotels, most sports grounds and other ‘public facing’ uses set out in Schedule 1 to the current version of the Bill. And impacted premises can extend beyond buildings to include “other land” associated with the premises. For instance, a pub garden would be counted together with the pub building itself.

Anyone who has “control” of such premises or of large-scale public event (800+ people) will be responsible for ensuring compliance with Martyn’s Law. This means that the range of people and businesses potentially impacted is significant, across most if not all sectors of the UK economy. Responsible persons can include owner-occupiers, landlords, tenants, building management and even receivers and mortgagees in possession. And if there is more than one person in “control”, then they will need to work together to fulfil their respective duties (for instance a landlord of a shopping centre and its anchor and other tenants, who might also individually qualify). The extent to which each person has “control” will be a matter of fact in each case.

Specific exemptions

The Bill sets out a limited number of premises and events that are specifically excluded from being “in scope”. These include:

• Parks and gardens where access is not used for commercial purposes;

• Certain transport hubs with security measures already in place; and

• Certain ‘designated sports grounds’.

When is Martyn's Law expected to come into force?

The Bill’s passage is well advanced, with only the post-Committee report stage, the Bill’s third reading in the House of Lords and final consideration of any amendments currently left before it receives Royal Assent. So, given that the Bill has cross-party support, it seems likely that it will become law in Spring 2025 (subject to a proposed two-year implementation period following Royal Assent).

Getting ready for Martyn’s Law

Owners and occupiers of “in scope” premises should however not wait two years before doing anything to get ready. If you or your business might be affected, it will be necessary to take action sooner rather than later to ensure that you are fully compliant by the time the new law takes effect. Note that you only need to be in “control” of a single ‘qualifying premises’ to be required to comply with Martyn’s Law, including notification to the SIA.

Some questions to ask yourself:

• Do you have on your books at least one publicly accessible premises that you control where 200 to 799 people (“standard tier”) or 800+ people (“enhanced tier”) could be present at the same time? Or do you operate premises at which public events are held, or might be held, where 800+ people could be present at the same time? If so, you need to get up to speed with the implications of Martyn’s Law for you and your business.

• What should you be doing now to get ready? For example: evaluating your portfolio to see whether you have any premises that might be “in scope” and any which you can safely exclude; carrying out audits of existing security, safety and protection measures; costing any additional protection measures and assessing how you will source and install them.

• Who will you be appointing within your organisation with specific responsibility for determining whether Martyn’s Law will affect your business and, if so, who be in charge of ensuring compliance? Who will make up your lead team (legal, project, events)? Note that for enhanced duty premises or a qualifying event, any corporate “responsible person” must appoint 'a designated senior individual' to be take the lead with compliance.

• What training will your business and teams need to understand and implement Martyn's Law?

We have a dedicated team monitoring the Bill, and its potential impacts, and will update you as the Bill passes into law and regulations and guidance are published.

Please get in touch to discuss how Martyn’s Law could affect your business.

Piers Warne, Legal Director in TLT's Licensing team said:

"Martyn’s Law is one of those rare pieces of legislation that will require anyone with responsibility for a building or event that is open to the public to begin by answering the question: Am I exempt? And then undertaking an exercise to determine whether they are or not. The Security Industry Authority has publicly stated that it will ‘walk those affected towards compliance’. However, given the devastating effects and PR realities around being caught in a terrorist incident, this is not a situation where anyone should be looking at the long lead in time as an excuse not to take the necessary action sooner rather than later. The requirements of Martyn’s Law, for those required to act, should be taken as seriously as fire risk assessments and any other health and safety legislation. The sad fact of life is that terrorist acts are a part of modern life and this legislation reflects that."  

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at February 2025. Specific advice should be sought for specific cases. For more information see our terms and conditions.