Wake-up call: Are you prepared for changes under antiterrorism bill Martyn's Law?

The draft bill, which was originally published in May 2023, seeks to impose obligations upon premises that differ according to their capacity. Premises with a capacity of under 100 will fall outside the scope of Martyn's Law, but premises with a capacity of 100 to 799 will fall within the ‘standard tier', and premises with a capacity of 800 or more will fall within the ‘enhanced tier'.

There has been extensive discussion regarding the obligations the proposed new legislation will place upon owners and operators of publicly accessible premises, and although there is large-scale support for the introduction of antiterrorism measures, concerns have been raised with regard to the potential impact upon the resources of those who will be subject to the new legislation.

The Home Office's impact assessment of the bill estimates the set-up costs and ongoing costs of implementing Martyn's Law to be between £1.1b and £6.3b with a central estimate of £2.7b. Unsurprisingly, this estimate has caused concern among voluntary organisations and business owners about the financial impact the introduction of the new measures may have, particularly upon small and medium-sized organisations.

The Home Affairs Committee published a report in July 2023 that welcomed the intention of the bill but raised concerns regarding the proportionality of the proposed measures in relation to small businesses and voluntary and community-based organisations.

The government has recently launched a six-week consultation upon the proposals contained within the standard tier, to seek views on how to "make sure the new requirements do not place undue burdens on smaller businesses, while still protecting the public." The consultation closed on 18 March and we are awaiting the outcome of the consultation.

As part of the consultation, the government explained the proposals to remove the requirement for specific terrorism protection training and the proposed amendments mean that "now, those responsible for standard tier premises must ensure that sufficient training is provided for their procedural measures to be put in place effectively".

The consultation document also confirms the government's intention to remove "the requirement to complete the standard terrorism evaluation. Instead, the requirement is simpler and more meaningful in requiring that reasonably practicable procedures to follow in the event of an attack are in place at standard tier premises." The standard terrorism evaluation was for a business owner to consider how a premises could become targeted as part of a terrorist incident and the types of terrorist attack which may be relevant.

The consultation document confirms that there is likely to be a "significant period prior to the implementation of the legislation following royal assent. We expect this period to be at least 18-24 months to ensure sufficient time for those responsible for premises and events in scope to understand their new obligations, and to plan and prepare".

An update from the government is expected in the coming months in response to the consultation, which should provide more guidance on what this legislation will entail and how hospitality businesses can prepare for the changes.

Sarah Taylor is a licensing partner at Keystone Law

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