Martyn’s Law and its impact on commercial property
The Terrorism (Protection of Premises) Bill 2024-25, also known as ‘Martyn’s Law’, will soon apply to many premises including shopping centres, universities, hotels and other education and healthcare facilities. The legislation is called Martyn’s Law in tribute to Martyn Hett who was tragically killed alongside 21 others in the 2017 Manchester Arena attack.
Those that are responsible for commercial property like those outlined above, will need to take appropriate action to strengthen public safety, with requirements reflecting the size of the venue and the activity taking place. Property owners will need to determine whether they fall within the scope of Martyn’s Law and if so, which requirements apply. This will be dependent upon the nature of the premises and how many people are likely to be present.
The intention of the Terrorism (Protection of Premises) Bill 2024-25 (Martyn’s Law) is solely to address security in the event of a terrorist attack. The bill does not apply to private dwellings or offices.
What are the timescales for Martyn’s Law?
The bill was included in the King’s Speech in July 2024 and introduced to Parliament in September 2024. It was then considered by Parliament on 14th October 2024, and we now await further parliamentary scrutiny ahead of guidance as to how those owning such properties will need to prepare.
Who is responsible for implementing changes?
Responsible persons are those who have control over the relevant premises. This means of course that it is possible for there to be multiple responsible persons. For example, a retail unit within a shopping centre could result in both the tenant who leases the unit and the owner of the wider shopping centre being treated as responsible persons for the purposes of Martyn’s law. Such persons are responsible for ensuring all relevant legal obligations are met.
What changes are likely through Martyn’s Law?
There will be a tiered approach linked to the size of the venue, how many people will be there and the activity taking place, making sure undue burdens are not placed on small businesses.
An assessment will need to be made of a reasonable figure of the number of people who are expected to attend the premises or event in question. Currently, the threshold for standard tier premises is 200 to 799 individuals and, for enhanced tier premises, 800 or more individuals.
For standard-tier premises, businesses will be asked to undertake simple but effective activities to put in place procedures to reduce harm to the public in the event of an attack e.g. training staff to lock doors, close shutters and identify a safe route to cover.
For enhanced tier premises, measures are likely to include the installation of CCTV and the employment of security staff.
As the uses identified in Martyn’s Law include retail, food and drink, nightclubs and entertainment where used principally by visiting members of the public, there is potential for a wide range of commercial property owners to be impacted.
Next steps
If you are a landlord and unsure about your responsibilities related to Martyn’s Law, or you need advice regarding a lease or buying or selling commercial property, then please contact GA Solicitors’ specialist property team by calling 01752 203500. You can also email me directly via david.stone@GAsolicitors.com.
You can also read my recent article about repairing obligations here.
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