Martyn’s Law – discussing the detail and the potential impact on the hospitality industry

The Terrorism (Protection of Premises) Act 2025 (the “Act”), also known as Martyn’s Law, received Royal Assent on 3 April with the intention of strengthening the security of public premises and events in the wake of the tragic Manchester Arena terrorist attack in 2017.

The Government has published a ‘Martyn’s Law Factsheet’ which can be found here: https://homeofficemedia.blog.gov.uk/2025/04/03/martyns-law-factsheet/

The timescale for implementation of the Act is not fixed, but the Government will allow an implementation period of at least 24 months to firstly establish a newly formed Security Industry Authority (“SIA”) function which will enforce the regime provided for under the Act. The SIA will also act in an advisory and support role to assist those responsible for qualifying premises under the Act to understand and enact the new obligations.

Types of venue have been split into two tiers based on the volume of people they could reasonably expect to hold at one time including staff. These are standard (200-799 people),  and enhanced (800 people and above).

What is a responsible person?

A ‘responsible person’ is a person or entity with control over a premises. There are a number of scenarios where it may be difficult to specify who the responsible person is. For example, with an industrial estate or a shopping centre, would the person with responsibility be the property owner, the individual landlords or the tenants? In these scenarios it is anticipated that the parties will need to work together to ensure the required precautions are introduced. However, the overall responsibility appears to lie with whoever is in actual control of the property.

There are many situations where it would not be so clear cut as to who has the ultimate responsibility under the Act. This could in turn lead to disputes if the SIA impose sanctions and it is in dispute as to who was the responsible person at the time of the incident.

Standard duty

Criteria

All of the below factors must be satisfied:

1. There is at least 1 building (or premises is within a building);
2. The premises are wholly or mainly used for one or more of the uses specified at Schedule 1 to the Act, which include shops, restaurants and venues used for events/activities;
3. It is reasonable to expect that at least 200 individuals may be present at least occasionally; and
4. The premises are not excluded under Schedule 2 to the Act (for example parks).

What you need to do as the responsible person

1. Notify the SIA of the premises; and

2. Have in place, so far as reasonably practicable, appropriate public protection procedures to be followed by those working at the premises if an act of terrorism occurs.

Each premises will have different requirements to take into consideration when it comes to introducing safety measures.

Enhanced duty

Criteria

All of the below factors must be satisfied:

1. The event will take place at premises within section 3(1)(a) of the Act which includes land without buildings;
2. The relevant premises are accessible to members of the public for the purpose of the event;
3. It is reasonable to expect there will be at least 800 individuals present for the event at once at some point;
4. There will be measures to check entry conditions are met, such as a ticket checks; and
5. The event is not excluded under Schedule 2 of the Act.

What you need to do as responsible person

1. Complete the standard duty requirements listed above;
2. So far as reasonably practicable, introduce appropriate protection measures to reduce the vulnerability of the premises/event and the risk of physical harm if an attack occurs;
3. Document the public protection procedures and measures in place or proposed to be in place and provide this to the SIA. Include an assessment of how the procedures and measures reduce vulnerability and/or risk of harm; and
4. Where the responsible person is not an individual, they must designate a senior individual with responsibility for ensuring compliance.

What this means for your business

Whilst the Government has stated that it wishes to strike a balance between public safety and avoiding undue burdens on an already struggling hospitality industry, the Act will have implications for many types of businesses whether these are hotels, stately homes, restaurants or large commercial premises used for hosting events.

If your business premises or land is or may be accessible to members of the public for the purposes of an event and it is reasonable to expect that at least 200 individuals may be present at least occasionally, you will need to consider your duties under the Act.

If you are unsure as to whether your premises might be captured by the Act, we recommend seeking early specialist advice, as the SIA will have the ability to issue compliance notices, financial penalties and we understand there will also be criminal sanctions, although the specific details are not yet known. There may be contractual or other civil liability risks to consider, too.

Importantly, the Government has made clear that the terrorist attacks referred to under the Act do not need to take place on the premises, and precautions must also be taken in consideration of attacks which might happen on nearby land.

Government guidance is anticipated to be published by the Home Office to assist with the understanding  the requirements.