December 2024

FBHVC welcomes 'sensible change' to 'Martyn's Law’

The Federation of British Historic Clubs (FBHVC) has welcomed a change that it recommended, being incorporated into planned new anti-terrorism legislation. In its response to a consultation on the previous draft bill, whilst appreciating an intent to introduce simplified measures and procedures for smaller (Standard Tier) venues, the FBHVC nevertheless expressed concern about the potential cost and complexity for smaller venues of implementing some of the provisions of the Law.

Standard Tier premises were defined as including those with a capacity of 100-799, impacting small venues such as village halls that are used by Historic Vehicle (HV) clubs for meetings and conferences.

The FBHVC recommended that venues with a capacity of 200 or less be considered for exclusion from qualification. Significantly, the FBHVC is pleased to note that though expressed in different terms, its suggestion has been adopted in the newly reintroduced Bill and premises where fewer than 200 people may reasonably expected to be present at the same time are outside the ambit of the Bill thereby reducing some costs and additional burdens for those halls with small capacities.

The Federation had also made observations in relation to the earlier consultation concerning enhanced tier premises (i.e. those with a capacity of greater than 800) used for gatherings of far fewer people than the stated capacity. Now termed "Enhanced duty premises" in the new Bill, the Federation will need further time to examine whether the observations made by the Federation have been resolved by other changes to the wording of the draft.

The Terrorism (Protection of Premises) Bill, known colloquially as 'Martyn’s Law' was introduced to Parliament on 12 September, having its First Reading. Its Second Reading is scheduled for 14 October, after when the Bill will be examined by the Home Affairs Select Committee.

Introduced under the previous government, the Bill had not completed its passage through Parliament when the 4 July 2024 General Election was called and therefore failed. The new Labour government pledged to reintroduce it and it was included in the King's Speech, opening the new parliamentary session.

The aim of the Bill is to protect the public from terrorism by increasing preparedness for, and protection from, terrorist attacks at public venues.

The new legislation, also known as ‘Martyn’s Law’ in tribute of Martyn Hett who was killed alongside 21 others in the 2017 Manchester Arena attack, will make sure venues across the UK must consider the security of the public, and take steps to protect them from harm.

Under the changes, a new duty will be placed on those responsible for premises and public events, requiring them to take appropriate action to strengthen public safety, with requirements reflecting the size of the venue and the activity taking place. As set out in the bill, those responsible for premises will be required to fulfil necessary but proportionate steps, according to their capacity, to help keep the public safe. This includes a tiered approach, linked to the size of the venue, how many people will be there and the activity taking place, making sure undue burdens are not placed on small businesses.

A standard tier premises will apply to locations with a capacity of more than 200 people but under 800. These businesses will be asked to undertake simple yet effective activities to put in place procedures to reduce harm to the public in the event of an attack. These could be as simple as training staff to lock doors, close shutters and identify a safe route to cover.

The enhanced tier will apply to premises and events with a capacity of more than 800 individuals, given the devastating impact an attack could have in these spaces. These locations will need to put in place measures such as CCTV or hiring security staff.

Following Royal Assent, businesses will be given time and support to understand and implement their new obligations and allow for the new regulator to be established. This will include dedicated guidance so that those affected will have the required information on what to do and how best to do it.