What is the Terrorism (Protection of Premises) Bill?

Introduction & Background

The Terrorism (Protection of Premises) Bill, is a proposed piece of UK legislation, expected to come into force in 2023, which aims to better protect visitors, staff and the wider public from terrorism in public spaces.

Also known as Martyn’s Law or the Protect Duty the legislation is headed by Figen Murray, the mother of Martyn Hett who was a victim of the Manchester Arena attack in 2017. After attending a theatre show in 2018, Figen realised that there had been no increase in security following the tragic events of the previous year. And with the UK's current terror threat level being 'substantial' (level 3 of 5) or higher since 2019, more needed to be done.

As a result, she drew up Martyn's Law with the desire to keep the public safer when out and about.

What is the Terrorism (Protection of Premises) Bill?

There is currently no legislative requirement for organisations or venues to consider or employ security measures in most public places. The Bill's passing in to law will introduce a legal obligation for the owners and operators of publicly accessible locations (PALs) to take suitable and proportionate measures to protect the public from terrorist attacks and increase public safety.The measures will require organisations to take action to prevent future attacks and put steps in place to suitably manage any attack that may occur.A publicly accessible location has currently been defined by the Government as “any place to which the public has access, on payment or otherwise, as of right or by virtue of express or implied permission”. It is also noted that PALs can be contained with one another. Outdoor locations qualify if there has been an invitation or ticketed event arranged, regardless of whether it is paid or non-paid.

Have you started taking measures to prepare for the Protect Duty?

Qualifying Premises

The first draft of the bill published on 2 May 2023 identifies the qualifying premises, what parts of these premises, and the types of events which will fall under scope. Qualifying premises are split into:

Standard Duty Premises

Publicly accessible venues with 100-799 capacity, places of worship, schools, and nurseries.

Enhanced Duty Premises

Publicly accessible venues with 800+ capacity.

Qualifying Public Events

Publicly accessible events not held at a qualifying public premises, with a capacity of 800+.

For both duty levels, the persons responsible are those who have control of the premises for their relevant use, even in cases of joint control or third-party-hosted events. The definition of “persons” here includes individuals, companies and other incorporated entities.

Who Does the Bill Impact?

The new legislation will affect all 333 local authorities in the UK as they are responsible for open public spaces such as parks, beaches, cities, and town centres, as well as indoor venues such as town halls.

It is also estimated that around 650,000 UK businesses could be affected by the new legislation, ranging from large venues such as the O2 Arena to smaller venues such as theatres and even large restaurants.

Large organisations that employ more than 250 people and operate in publicly accessible places are included, although offices are excluded as access is not “publicly available”.

Some of the everyday locations included are:

sports stadiums
music venues
hotels, restaurants and pubs
casinos
high streets
retail stores
shopping centres and markets

schools and universities
medical centres and hospitals
places of worship
government offices
job centres
transport hubs
parks and beaches

"Martyn’s Law isn’t going to stop terrorism. Nothing can do that. But I do hope that if the Government legislate for Martyn’s Law then it will mean simple common sense security will make it much harder to inflict mass casualties and fewer people will have to suffer what I and the parents of the 21 other bereaved families of Manchester have had to endure.”