Martyn’s Law is proposed legislation that will require publicly accessible premises and events to take proportionate measures to reduce the risk of a terrorist attack and to reduce the risk of injury if such an attack occurred.
Originally pledged by Rishi Sunak’s government, the new Labour government reaffirmed that commitment in the King’s Speech today (17 July).
Some commercial landlords may not be aware of the impact of the proposed legislation, which will affect shops and shopping centres, hospitality and leisure venues, and hotels and visitor attractions, to name but a few.
The draft legislation proposed by the former Government was called the Draft Terrorism (Protection of Premises) Bill. Whilst this draft is subject to amendment following a previous public consultation, the new Government proposes to continue with the same Bill which, if enacted will create two tiers of publicly accessible premises – those with a public capacity of 100 to 799 known as the Standard Tier and an 800+ capacity known as the Enhanced Tier. Enhanced Tier premises will shoulder greater obligations and cost than Standard Tier premises. Standard Tier premises will be required to have reasonably practicable security measures dealing with Evacuation, Invacuation, Lockdown and Communication to staff and customers in the event of an attack. Staff will need to be made aware of these measures.
The former government estimated that 65% of the nearly 279,000 premises falling in the Standard Tier would be retail or hospitality.
Fines for non-compliance can range from a maximum of £500 a day plus a £10,000 maximum fixed penalty for Standard Tier premises, and a daily fine of up to 1% of the fixed penalty for Enhanced Tier premises, that fixed penalty being up to £18m, or 5% of worldwide turnover (whichever is the greater).
Whilst the proposed legislation generally holds the tenant or operator responsible for compliance, it is important that landlords and commercial property owners understand what these new proposed obligations will mean. It must be stressed at this stage that the Draft Terrorism (Protection of Premises) Bill is not law at all and no legislation to date has entered Parliament.
Poppleston Allen are well aware of the concerns about the implications and costs of complying with Martyn’s Law. That is why we have been working closely with an industry leader in counterterrorism and security who has been involved with Martyn’s Law from the outset. Together we hope to provide those with property interests clear guidance and updates on any proposed legislation as well as a cost-effective online platform to ensure compliance if and when Martyn’s Law in whatever form becomes statute.
