FBHVC to respond to 'Martyn's Law' Draft Bill consultation

Published: 27/02/2024

The Terrorism (Protection of Premises) Draft Bill is out for consultation again. The details were summarised in FBHVC News Issue 5, 2023.

Better known as Martyn’s Law in memory of Martyn Hett one of the many tragic victims of the appalling suicide bombing at the Manchester Arena on 22 May 2017, this Bill’s primary and understandable objective is to address the failings identified at the Public Inquiry into the events of that night particularly in relation to preparedness of venue operators and public services for a terrorist incident. To quote the Government website:

‘Martyn’s Law’ will place a requirement on those responsible for certain venues to consider the threat from terrorism and implement appropriate and proportionate mitigation measures.

The legislation will ensure that people are prepared, ready to respond and know what to do in the event of an attack.

Better protection will be delivered through enhanced security systems, staff training, and clearer processes.

The Bill as originally drafted places legal duties on those controlling “qualifying premises” to ensure that a standard terrorism evaluation of the premises is carried out, reviewed annually and when there is any material change to the premises or the use of them and provide training for certain individuals.

“Qualifying premises” include “shops, food and drink outlets; nightclubs; entertainment activities; sports grounds; recreation, exercise or leisure; libraries, museums and galleries; exhibition halls; visitor attractions; hotels; places of worship; healthcare and education.”

There is a two tiered approach with the legal duties attaching to premises with a capacity of more than 100 and enhanced duties on those with a capacity of more than 800.

This current consultation concerns only standard tier premises i.e. the smaller venues which are types most likely to be used by (or even owned in some cases) by clubs.

Following scrutiny by the Home Affairs Select Committee who expressed concern that the statutory duties laid down in the Bill would place a significant and disproportionate burden on smaller venues with little benefit in terms of enhanced safety, the Government has responded with a revised approach.

This aims to be less prescriptive than measures proposed previously, recognising the very broad nature of the types of premises and sectors which could be in the standard tier.

They have rowed back on the need for relevant personnel to have completed specific terrorism protection training to be replaced with  ‘procedural measures’ expected to reduce, ‘so far as reasonably practicable’, the risk of physical harm to individuals at the premises in the event of an attack.

Secondly the requirement to complete the Standard Terrorism Evaluation form has been removed, replaced with “reasonably practicable procedures to follow in the event of an attack”.  The Government aim is for the obligations to produce “no to low financial cost and low burden to put in place”. The Bill has cross-party support.

The consultation, which closes on 18th March 2024, is targeted at those who may be responsible for standard tier venues operators but others who may be affected including users  may wish to respond as well.

The Federation is considering what it might contribute and Clubs concerned about cost and burden minimisation, may also wish to respond here https://www.gov.uk/government/consultations/martyns-law-standard-tier-consultation#:~:text=The%20bill%20will%20impose%20requirements,take%20place%20at%20the%20premises perhaps with their own suggested mitigation measures.