Do you know what changes will the incoming Protect Duty (Martyn’s Law) bring to terrorism risk assessment in the UK?

A question that we are often asked at Protect Duty Solutions is “So, I’m ok until the new Martyn’s Law legislation arrives?”

The simple answer is NO…

The Health and Safety at Work etc. Act 1974 (HSWA) is the main piece of legislation in the United Kingdom that sets out the legal framework for health and safety at work. The Act places a duty on employers to ensure the safety of their employees and other people who may be affected by their work activities. This includes taking steps to prevent accidents, injuries, and ill health.

The current HSWA also applies to other people who have control over the workplace, such as landlords, contractors, and self-employed workers. In the event of an incident linked to terrorism, the HSWA places a greater onus on venue owners and operators to assess the risk to their staff and the wider public. 

This is because terrorism is a serious risk to health and safety, and it is important that all reasonable steps are taken to prevent it.

THE HSWA DOES NOT SPECIFICALLY MENTION TERRORISM, but it does require employers to take steps to protect their employees from “any other hazard” that is “reasonably foreseeable.” This means that employers must assess the risk of terrorism and take steps to mitigate that risk, if it is reasonably foreseeable that a terrorist attack could occur at their workplace.

The following are some of the steps that venue owners and operators can take to assess the risk of terrorism and mitigate that risk:

» Conduct a risk assessment to identify potential terrorist threats.

» Implement appropriate security measures, such as security guards, CCTV, and metal detectors.

» Train staff on how to respond to terrorist incidents.

» Work with local authorities and other agencies to develop a coordinated response to terrorism.

By taking these steps, venue owners and operators can help to keep people safe from terrorism and comply with their legal obligations under the HSWA.

It is vital to understand that if a venue owner or operator fails to take reasonable steps to protect people from terrorism, they may be liable for personal injury claims if someone is injured or killed.

In addition, directors and officers of companies may also face the possibility of criminal prosecution.

With the introduction of Martyn’s Law, new measures will be put in place to protect publicly accessible locations. With the aim to bring clarity on what is deemed as “reasonably practical” in regards to terrorism and security risk mitigation and identification, where currently it’s seen as very difficult to quantify. 

At Protect Duty Risk Solutions we combine a highly experienced military and security intelligence background with our leading software powered platform to remove any ambiguity and provide a robust security management solution, making sure the right mitigation measures are in place to protect you and your business.

 #RiskAssessment #RiskManagement #ProtectDuty #MartynsLaw


The UK government published a draft bill titled Terrorism (Protection of Premises) on May 2nd, 2023, with the aim of enhancing the security of public and private premises against acts of terrorism.

The 56-page Bill covers a range of measures, from what premises and events will qualify as in scope and their registration, to the evaluation of terrorism risk and the provision of terrorism protection training. 

Click below to download the Terrorism (Protection of premises) draft bill:
https://www.gov.uk/government/publications/terrorism-protection-of-premises-draft-bill-overarching-documents

The Draft Bill has been welcomed by industry experts and businesses alike, who see it as a necessary step towards enhancing public safety and reducing the risk of terrorist attacks.

According to the draft bill, public premises, such as shopping malls, hospitals, and schools, will be required to implement security measures such as CCTV cameras, access control systems, and regular security patrols. Private premises (within scope), such as offices and apartment buildings, will also be required to implement similar measures.

The bill also clearly identifies the qualifying premises, what parts of these premises, and the types of events which will fall under scope – those with a capacity for more than 100 individuals. 

Enhanced duties will be required from those which have a public capacity of 800 individuals or more, called ‘enhanced premises’

The draft defines a “public venue” as “any place to which the public has access, whether on payment or otherwise, and includes any place where members of the public are invited or encouraged to gather.” 

The bill would require those responsible for public venues to take a number of steps to protect people from terrorism, including:

» Conducting regular risk assessments to identify potential terrorist threats

» Implementing appropriate security measures, such as security guards, CCTV, and metal detectors

» A requirement for terrorism protection training on how to respond to terrorist incidents, for relevant workers at qualifying premises

» Working with local authorities and other agencies to develop a coordinated response to terrorism

The bill also sets out a number of enforcement measures, including fines and imprisonment, for those who fail to comply with the requirements – and notes that the Secretary of State must issue guidance regarding the discharge of requirements placed upon persons under the Bill.

It’s important for business owners and directors to note that the bill gives the provision of powers to the regulator to issue ‘appropriate and proportionate’ penalty financial notices to those deemed not in compliance. The maximum amount for standard duty premises will be up to £10,000. The maximum amount for enhanced premises will be whichever is greater of £18 million or 5% of its qualifying worldwide revenue.

Speaking about the draft bill, the UK Home Secretary at the time, Priti Patel said:
“The safety and security of our citizens is our top priority, and this draft bill reflects our commitment to taking proactive measures to prevent acts of terrorism. By requiring public and private premises to implement security measures, we aim to reduce the risk of terrorist attacks and keep our communities safe.”

Mike Cherry, National Chairman of the Federation of Small Businesses (FSB) in the UK, in response to the proposed “Martyn’s Law” and the Terrorism (Protection of Premises) Draft Bill, said:

“We welcome the measures outlined in the Terrorism (Protection of Premises) Draft Bill towards improving businesses’ resilience to, and preparedness for terrorist attacks in the future – enhancing public safety in the UK.“

The Terrorism (Protection of Premises) Draft Bill is open for public consultation until June 2nd, 2023, and businesses and individuals are encouraged to provide feedback to ensure that the final version of the bill reflects the needs and concerns of our communities.

Finally, we’d add that we commend the government’s ongoing commitment to proactive measures and await the final version of the bill which will address the needs and concerns of our communities.

Protect Duty Risk Solutions offer a range of services to help your business simply and cost-effectively manage your terrorism risk assessment and management – as well as ongoing training and consultancy provided by our team of subject matter experts. If you would like to find out how we can ensure that your business is compliant with the incoming legislation, as well as current Health and Safety legislation regarding Terrorism and security risk click below to book a demo of our cost-effective online self-assessment risk analysis software:
https://www.gov.uk/government/news/martyns-law-progresses-as-government-publishes-draft-legislation


The pub is no doubt a British institution – so will this well-loved pastime come under more financial strains as the Government legislates against the incoming Martyn’s Law?

Martyn’s Law is a new piece of legislation that will require certain public venues in the UK, including pubs, bars and restaurants, to take steps to protect people from terrorism. The law is named after Martyn Hett, who was killed in the Manchester Arena bombing in 2017.

So, what does Martyn’s Law mean for pubs throughout the UK?

Martyn’s Law no doubt, sets a higher standard for venue operators to protect their establishments from the potential impact of terrorist attacks.

In short, it means that pubs will need to do more to protect their customers and staff from terrorism. This could include things like:

» Conducting regular risk assessments to identify potential terrorist threats.

» Implementing appropriate security measures, such as security guards, CCTV, and metal detectors.

» Training staff on how to respond to terrorist incidents.

» Working with local authorities and other agencies to develop a coordinated response to terrorism.

The good news is that there are a number of things that pubs can do to comply with Martyn’s Law without breaking the bank – whilst ensuring the safety of their staff and customers. 

For example, many pubs already have security measures in place, such as CCTV and door staff. These measures can be easily adapted to meet the requirements of Martyn’s Law.

The bill also sets out a number of enforcement measures, including fines and imprisonment, for those who fail to comply with the requirements.

The bill defines two categories of public venues:

Tier 1 – venues are those with a maximum capacity of over 100 people.

Tier 2 – venues are those with a maximum capacity of over 800 people.

It is currently uncertain if there will be mandatory obligations and penalties for non-compliance with venue protection measures – for venues that do not meet the criteria of 100 capacity or less – or if they will be voluntary.

Our Dynamic Risk management platform has been developed to track and report (in real-time) on threats and mitigation measures, as well as legislation changes, and updates your accreditation so that you are always within the law – without any requirement from you as an operator/owner.

The most important thing is that pubs take the threat of terrorism seriously and take steps to protect their customers and staff. Martyn’s Law is a positive step in the fight against terrorism, and it will help to make our public spaces safer.

It’s encouraging to hear that the Night-Time Industries Association (NTIA) has been working alongside the Home Office, NaCTSO and key stakeholders in the development of the bill, ensuring that this most historic of British institutions has a voice in the ongoing public consultation.

If you are a pub, bar or restaurant owner or manager, please contact us for more information on how Protect Duty Risk Solutions can help you to comply with Martyn’s Law – simply and, more importantly, cost-effectively.

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