Paul Tarne, partner at national law firm Weightmans, offers essential insights on the changes in Martyn’s Law since its recent introduction to Parliament. He provides actionable guidance for SMEs on ensuring compliance, drawing from his experience representing Greater Manchester Combined Authority during the public inquiry into the Manchester Arena terror attack.
Martyn’s Law, named in memory of Martyn Hett, who tragically lost his life in the Manchester Arena bombing, is moving towards becoming one of the UK’s most significant pieces of counterterrorism legislation. First introduced in early 2023, the law has undergone several stages of parliamentary scrutiny and is now expected to receive Royal Assent soon, likely in 2025. Once enacted, the law will apply to publicly accessible venues and certain events, requiring them to adopt security measures proportionate to their size and function, with the aim of enhancing public response and safety against terrorist threats.
This law is an answer to the growing demand for more robust public preparedness in the wake of high-profile terrorist incidents like the Manchester Arena attack. The key stages of the bill’s development have involved consultations with security experts, public inquiries, and input from victim advocacy groups, most notably spearheaded by Figen Murray, Martyn Hett’s mother.
With the bill nearing Royal Assent, it’s essential for businesses to understand what this legislation entails and how they can proactively prepare. But what exactly has changed in the bill, and how can businesses start implementing these requirements before it becomes law?
Key changes in the bill’s development
The Bill has seen significant changes following feedback from various stakeholders, including industry experts and advocacy groups. One of the most critical updates to the bill is the increase in the threshold for the Standard Tier. Under the original draft, businesses with a capacity of 100 or more people were required to adhere to the Standard Tier’s requirements. However, the revised version now raises that threshold to 200 people, reducing the number of small businesses that fall under the law’s most basic tier.
This change was made following feedback from smaller business owners and industry experts, who raised concerns about the proportionality of the requirements. The new threshold ensures that smaller venues, particularly independent cafes, shops, and small entertainment venues, are not unnecessarily burdened by complex security requirements, allowing the law to focus on higher-capacity venues where risks are typically greater.
In addition to this adjustment, the bill introduces the Security Industry Authority (SIA) as the appointed body responsible for overseeing compliance. This marks a significant shift from the initial draft, which did not specify an enforcement agency. The SIA will work closely with businesses to ensure that security measures are implemented proportionately, offering guidance and support while maintaining a firm approach to enforcing the law.
How should SMEs prepare for compliance?
As Martyn’s Law approaches its final stages, SMEs should begin implementing necessary changes to ensure compliance, even though the legislation is not yet law. With the bill’s anticipated full enforcement in the coming years, businesses have the opportunity to proactively address the requirements outlined in the legislation.
To determine whether Martyn’s Law applies to your venue, first assess its potential capacity. If your premises can accommodate more than 200 people — regardless of the usual attendance — it falls under the law’s scope. This applies to all publicly accessible areas, including communal spaces and outdoor areas. Understanding these spaces and activities is crucial for identifying your obligations.
Once you’ve established applicability, classify your venue into one of two tiers: the Standard Tier for venues with a capacity of 200 to 799 people and the Enhanced Tier for those accommodating 800 or more. This classification will guide your implementation of security measures. For venues in the Enhanced Tier, responsibilities will include developing comprehensive response plans tailored to your layout, covering scenarios like evacuation or lockdown.
A thorough risk assessment is essential for compliance. This process involves identifying vulnerabilities, assessing foot traffic patterns, and evaluating existing security measures. Understanding potential threats—especially those unique to your location or clientele—will enable you to devise targeted strategies for risk mitigation. It’s advisable to consult a competent third party, such as local authorities or security experts, to review your findings.
Based on your risk assessment, enhance your security measures as needed. This may involve improving surveillance systems, addressing CCTV blind spots, or employing trained security personnel. For Enhanced Tier venues, robust measures will be particularly important, as scrutiny will be greater.
Training your staff is another critical aspect. All employees should be equipped to recognise potential threats and implement the venue’s incident response plan. Determine training needs, maintain records, and regularly refresh skills through drills to ensure that staff can act decisively in emergencies.
How long until the bill becomes law?
While the bill is currently passing through various stages of Parliament, it is not likely to become law until 2025. Following Royal Assent, businesses will be given a period to adjust to the new regulations before enforcement begins. During this time, the government, along with the SIA, will issue detailed guidance to help businesses understand their obligations and how best to implement them. SMEs should use this period to get ahead of compliance by continuing to stay informed about developments.
Stay informed and engaged
As Martyn’s Law evolves, it is important for businesses to stay engaged and informed about the requirements. Keep an eye on government updates, attend industry webinars, and connect with regulatory bodies like the SIA. These resources will offer essential insights into how businesses can maintain compliance and enhance their security infrastructure.
For SMEs, preparing for Martyn’s Law means more than just ticking a box — it represents an opportunity to contribute to the broader effort to keep the public safe. Though compliance may seem daunting at first, especially for smaller venues, taking a proactive approach will allow businesses to make manageable adjustments. As the law focuses on proportionate measures, it’s possible for SMEs to improve their security without significant disruption, ultimately creating safer environments for everyone.
While the road to compliance may involve initial effort, the end result will be a more secure environment for businesses, their employees, and the public.
