Is Your Venue or Property Affected by New Legislation

The new Labour government has committed to new anti terrorism legislation and other important laws in forthcoming plans. In our latest post we look at what these mean for various venues.

King Charles presented an outline of the new Labour government’s legislative plans at the traditional state opening of Parliament on the 17th of July. The King’s speech to the House of Lords’ outlined 40 bills that ministers intend to pass over the course of the forthcoming parliamentary session. Most of the announced bills are clearly aligned with the Labour government’s 5 priority missions:

1. Kickstarting economic growth
2. Making Britain a clean energy superpower
3. Secure borders, taking back our streets and cracking down on anti-social behaviour.
4. Breaking down barriers to opportunity
5. Building an NHS for the future.

The Terrorism (Protection of Premises) Bill, that introduces security requirements for certain public venues and locations, is part of the Secure Borders mission objective. And campaigners have been elated by inclusion of the Hillsborough Law, Awaab’s Law and Martyn’s Law in the King’s Speech.

What is the Hillsborough Law?

The Hillsborough Law is formally called the Public Authorities (Accountability) Bill. Its a draft bill that would enforce a duty of candour and openness on state authorities, officers and private entities whose activities have an impact on public safety.

The need for this legislation has been demonstrated by the cover-up following the Hillsborough disaster in which a crush at the Hillsborough football stadium, in April 1989, tragically resulted in 97 deaths and hundreds of injuries. The bereaved families of those who died, along with others who were affected, have tirelessly campaigned over decades for this much needed accountability legislation.

What is Awaab’s Law?

Awaab’s law is part of the Social Housing (Regulation) Act and the Renter’s Rights Bill that requires social housing landlords to adhere to strict time limits in which they must deal with dangerous hazards, such as damp and mould, in their properties. King Charles announced that legislation will require landlords to address mould and damp conditions in their properties within 24 hours of being notified.

This legislation is known as Awaab’s Law in memory of two-year-old Awaab Ishak who died due to a respiratory condition, brought on by prolonged exposure to extensive mould in the Rochdale social housing property where his family lived. Although the mould conditions had been notified to the landlord no action was taken for three years, leading to the child’s death.

What is Martyn’s Law?

The Terrorism (Protection of Premises) Bill, also known as the Protect Duty Bill, is better known as Martyn’s Law, named after Martyn Hett who sadly died in the Manchester Arena attack on the 22nd May, 2017. Martyn’s mother, Figen Murray, has tirelessly campaigned for this legislation that will require all public venues to address the threat of terrorism in their risk planning and precautions.

Which Types of Premises are Affected by Martyn’s Law?

Martyn’s Law legislation applies to owners and operators of public spaces and venues. The legislation requires measures to keep the public safe from terrorist attack. The specific requirements are based upon the size of the venue, the venue capacity and the nature of what takes place. The proposed security measures apply to all venues with a capacity of 100 or more but its expected that even premises with capacities below 100 should heed the guiding principles of this legislation.

Venues are broadly categorised in two tiers.

• Standard Tier: Venues with a capacity of 100 or more, but fewer than 800
• Enhanced Tier: High capacity venues that can accommodate 800 people or more.

The primary objective of the legislation is that venues should implement simple procedures which reduce harm and save lives in the event of a terrorist attack.

A consultation period, during which the public were invited to share their views regarding Standard Tier venues, was conducted from February 5th 2024 to March 18th. The final bill is expected to be introduced as soon as Parliamentary time allows.

The qualifying criteria for Standard Tier premises and venues, affected by this new legislation, are that their capacity should be for 100 or more people, but fewer than 800 and the venue is used for one or more specific areas of activity in the following categories:

• Retail premises including shops or shopping centres
• Hospitality and nightlife venues such as bars, pubs, night clubs, restaurants, cafés and other public premises
• Entertainment venues including theatres, cinemas, concert halls and arenas
• Sports grounds
• Recreation and leisure locations such as public sports and leisure centres, ice rinks and gyms
• Public libraries, museums and galleries
• Public conference centres, exhibition halls and other venues for hire
• Visitor attractions including heritage sites
• Hotels, holiday parks and similar holiday accommodation
• Places of worship
• Healthcare
• Education and childcare
• Public transport, including train stations, ports and airports; and
• Public services and facilities.

There are a couple of exclusions to this legislative requirement. They are:

• Premises that are subject to a specified transport security regime (such as airports or ferry ports); or
• Premises such as a public park, public garden or recreation or sports ground, where no payment is taken for entry nor any check carried out.

It is noted that places of worship (e.g. Churches) are all considered to be classed as Standard Tier, regardless of their maximum capacity. And all premises used for childcare, primary, secondary or further education (but not higher education) fall into the Standard Tier.

The Enhanced Tier applies to higher capacity locations which can accommodate 800 people or more and where the potential impact of a terrorist attack is therefore far greater. The legal requirements for venues and events that fall into this category are more stringent.

Operators and venues are required to implement a specific terrorism threat risk assessment process and establish appropriate security plans that include screening procedures. They must produce a comprehensive terrorism risk evaluation document that not only reviews the venue’s preparedness but also considers potential attacks on nearby sites and the impact these might have.

What Does New Anti-Terrorism Legislation Mean for Hospitality Venues?

While the new legislation is not yet law, it makes sense for hospitality venues and others to clarify exactly what this means for them.

Since the classification of venues and locations is based on capacity there has been uncertainty over exactly how the official capacity of a venue will be defined. It is widely expected that the capacity determined by a fire risk assessment is likely to be used.

Compliance with the new legislation is the responsibility of the person or persons who control the qualifying premises or event. The specific requirements are dependent on whether the location or event is classed as either Standard Tier (standard duty premises) or Enhanced Tier (enhanced duty premises).

Requirements for Standard Tier Premises are likely to include:

• Registration of the premises or event with the regulator responsible for enforcing the legislation
• Establishing procedural measures that could be expected to reduce, so far as reasonably practicable, the risk of physical harm to individuals at the premises in the event of an attack, including procedures for;
  
  • Evacuation
  • Bringing people into premises to keep them safe in the event of an attack
  • Securing premises against attackers, and
  • Communicating and alerting staff and customers on how to move away from danger
  • Making sure workers are sufficiently instructed or trained to follow the procedural measures put in place.

Requirements for Enhanced Tier venues and qualifying public events are more extensive. Those responsible for these venues and events are required to:

• As for Standard Tier locations, register their premises or events with the regulator responsible for legislation enforcement
• In the case of qualifying public events, notify the event to the regulator
• Take reasonably practicable security measures that align with existing statutory regimes (such as Health and Safety & Fire Safety) to minimise the risk of a successful terrorist attack and reduce the level of physical harm caused in the event of an attack, measures which may include the installation of physical measures, controls and barriers
• Ensure a terrorism risk assessment of the premises is completed, review this at least once a year and update the assessment each time there is a material change to the premises or material change of use to the premises
• Ensure a terrorism risk assessment of a public event is completed at least three months before the event takes place or as soon as reasonably practicable after details of the event are made available to the public
• Keep and maintain a security plan, aided by an assessment of the terrorism risk, which must also be provided to the Regulator
• Provide terrorism protection training to staff who work at or in connection with the premises or event
• If the responsible person is a corporate entity an individual must be appointed as the Designated Senior Individual for the premise or event.

Its a good idea to talk to insurance providers as the new legislation will have an impact on Directors and Officers Liability insurance. Employer’s Liability and Public Liability insurance policies generally have terrorism already included but the limits on liability claims on these insurance policies may not be adequate. Proximity to other locations is another important factor that can affect insurance.

How are Museums, Galleries and Heritage Sites Affected?

As noted previously, museums, galleries, libraries and heritage sites all need to consider the impact of this new legislation. The first thing to do is to determine which classification the venue falls into: Standard Tier or Enhanced Tier.

A good starting point is to calculate the maximum capacity figure, as recommended for fire risk assessments. Most public venues will have already assessed this figure to ensure the adequacy of fire-exits and evacuation times. If the maximum capacity is below 800 then the location is classed as Standard Tier but if the total capacity is 800 or greater, which is likely to apply to larger museums and sites, then the location is classed as Enhanced Tier and a more onerous collection of legal responsibilities apply.

Having assessed the tier that applies it then makes sense to review the detailed requirements that apply and establish plans to ensure compliance. For premises and venues that fall into the Standard Tier category it would be prudent to take advantage of anti-terrorism guidance and look at training and awareness-raising processes to make certain all staff are adequately prepared. For locations that fall into the Enhanced Tier its important to be fully acquainted with the more stringent requirements that apply, ensure the appropriate designation of responsibilities and establish plans to make certain the venue conforms with legal obligations. 

What You Need to Do

Since the Labour Government is firmly committed to the introduction of Martyn’s law it makes sense, for those responsible for any qualifying premises or events, to immediately assess exactly how the imminent legislation will apply to them. Considering precisely what will be required and putting plans in place to ensure compliance is a sensible course of action. But there are many questions that are as yet unanswered, regarding exactly how this new legislation will apply in specific scenarios. It therefore makes sense to stay up to date with advice and guidance. The valuable information provided from the National Security Inspectorate’s ProtectUK website is a useful source and it would also be prudent to speak to your insurance provider.

For more information on Is Your Venue or Property Affected by New Legislation talk to Insight Security