There have been a number of recent developments in the legal landscape governing the UK's public security industry. To help businesses stay ahead of this rapidly changing picture, we discuss the Home Affairs Select Committee's pre-legislative scrutiny of the draft Terrorism (Protection of Premises) Bill ("the Bill"), known as Martyn's Law, and explore the steps local authorities and businesses are taking now to implement some of the future security obligations which will become mandatory under the Bill.
Martyn's Law
Martyn's Law is a direct response to the terrorist attack at Manchester Arena in 2017, in which Martyn Hett and 21 others were killed. We participated in the Manchester Arena Inquiry, which made a series of recommendations designed to guard against future atrocities. Among these, was the introduction of a 'Protect Duty' on those responsible for publicly accessible venues and events. This duty is now enshrined in the Bill. For more information on the Protect Duty, see our earlier insight: 'Conversation with Priscilla Addo-Quaye on Martyn's Law and the future 'Protect Duty'.
Since then, the Home Affairs Select Committee published its pre-legislative scrutiny of the Bill. In summary:
- it raised 'serious concerns' about its proportionality, especially in relation to small businesses, voluntary and community-run organisations;
- it noted that risk may vary significantly based on the event and the person(s) attending, rather than the size of the venue, which the Bill does not currently consider.
- it also spotted that, in its current form, the Bill only makes provision for events where access is by express permission (e.g. payment or ticketed entry). It has been suggested that the Government consider expanding the Bill's scope so it covers events that do not require express permission to enter. For example, Christmas markets typically attract large crowds but are not a ticketed event and therefore do not, at present, fall within the scope of the Bill.
Negative financial consequences
A recurring theme throughout the Government consultation is that the Protect Duty may negatively impact organisations financially. The House of Commons research briefing, published on 16 October 2023, estimated the total set-up and on-going cost of Martyn's Law to be approximately £2.7 billion.
The King's Speech on 7 November 2023 recognised that the Government wants to ensure businesses can deliver the standard tier duty, rather than imposing conditions they will struggle to meet (see our previous insight here for further information on 'standard tier' requirements). In response to the concerns raised during pre-legislative scrutiny, it was announced there will be a consultation on the standard tier before the Bill is introduced, to make sure the Bill's measures strike the right balance between public protection and avoiding undue burden on smaller premises.
Nonetheless, the Government has published a series of overarching documents on the Bill, such as explanatory notes and an impact assessment. In the explanatory notes, the Government says it "foresees the Regulator primarily providing a guidance function for businesses" and it recognises that support to businesses from the Regulator will be essential, especially in the immediate months after the Bill comes into effect.
Licensing updates
Model licensing conditions
Whilst there may yet be some time before Martyn's Law comes into effect, some local authorities are taking proactive steps to embed its principles within the existing licensing framework, to enhance and promote public safety in places and spaces where licensable activities take place.
For instance, following a successful consultation on updating model licensing conditions, Manchester City Council announced that the following new conditions will be placed on new licence applications where appropriate and proportionate:
- certain members of staff must have completed Action Counter Terrorism (ACT) awareness e-learning training;
- designated 'Premises Supervisors' must have attended a counter-terrorism awareness training session;
- there must be a documented security assessment, which must incorporate counter terrorism measures for the premises;
- within 28 days of the grant or variation of the licence, the premises licence holder must evaluate any risks and take prompt steps to reduce the risk as far as is reasonably practicable;
- the premises must have a documented security plan, which sets out counter measures to be implemented in response to a terrorist attack.
Although these conditions will not retrospectively be placed upon licences that have already been granted, a voluntary scheme is being established to recognise good practice by licensed premises in an attempt to encourage premises that already have a licence to adopt these conditions voluntarily.
The response to Manchester’s adoption of the principles behind Martyn’s Law has been incredibly positive. Many businesses have adopted the measures on a voluntary basis, and more than 1,000 people and 500 venues have now taken part in the Action Counter Terrorism (ACT) training, which aims to equip staff across the city with skills to identify and mitigate potential risks and respond in the event of a terror attack.
Concluding thoughts
The UK's public security industry has faced harsh criticism in recent years, intensified by the O2 Academy Brixton incident and recent media reports of 'sham' security training courses. Whilst the introduction of Martyn's Law is hoped to ultimately increase public safety, it is not without its own issues. There is a real risk that its wide-ranging scope may financially ruin smaller, independent businesses who cannot afford to implement the same measures expected of larger, commercially run organisations. It is now a waiting game to see how the Government will respond to such concerns to make sure the Bill's provisions are proportionate.
