News & Insights

In 2017, the Aryana Grande concert at the Manchester Arena was struck by a horrific terrorist attack that killed 22 people and injured many others. In response to this attack, new legislation is likely to be introduced soon, as anyone involved in events organisation is likely to be aware. This was officially known as “The Protect Duty” but has been named Martyn’s Law in tribute to Martyn Hett, one of the victims, whose mother has campaigned to protect the public “from the attacks we cannot foil”.

What is the idea behind the legislation?

The new law is intended to place an obligation on the people responsible for “locations” (i.e., event’s organisers) to consider potential threats from terrorists, then put in place “appropriate and proportionate mitigation measures”.

Is it only one-off events like concerts that will have this obligation?

Not exactly. The guidance generally refers to “premises”, which will be subject to the requirements if they meet three criteria:

1. an eligible premises;
2. in which a qualifying activity takes place;
3. and the maximum occupancy is either 100+ or 800+.

What is an “eligible premises”?

It seems that the definition of premises is broad and will not necessarily be limited to indoor venues. To be an eligible premises, the Home Office says that it must be a “building or event with a defined boundary”, so that could easily include music, or, for example, even food orientated, festivals.

Could food festivals really be included in “qualifying activities”?

From the Home Office and Protect UK guidance, this seems very likely. In fact, the suggested list of activities extends to practically anything. These include “entertainment and leisure, retail, food and drink, museums and galleries, sports grounds, public areas of local and central Government buildings (e.g., town halls), visitor attractions, temporary events, Places of Worship, health, and education”.

Why are there two occupancy figures?

At this stage, it seems that a premises in which the maximum occupancy is below 100 will be exempt from the law (but this may change).

Otherwise, it appears that the law envisages two “tiers” of lesser or greater responsibility. Much of the guidance refers to “proportionality” and “appropriateness”. So, it would seem that the idea is that a venue with maximum occupancy between 100 and 799 (referred to as the “standard tier”) will have lesser responsibilities – and consequently lower outgoings – than a venue with a maximum occupancy of 800 or more (in the “enhanced tier”).

So what do we have to do and when will the new law apply?

This is where it gets tricky, unfortunately. The government has so far said that “It is not possible to give a date” but that Martyn’s Law will be introduced “as soon as parliamentary time allows”.

As far as duties go, the government seems reluctant to commit to details at this time, apart from broadly saying that “many locations should take appropriate and proportionate measures”.

It appears that the government envisages some form of enforcement by inspectors, who will have the power to punish those responsible if the new law is breached. In addition to these potential sanctions, it is likely that a major worry for event promoters will be enhanced liability and the prospect of being sued, should any breaches be identified following an attack.

We are fortunate to have Brendan Herbert, promoter of the 2000 Trees festival, as a partner at this firm, who has said:

“From an event promoter’s point of view, we understand the motivation behind the legislation, but it is obviously very concerning given the lack of detail which is currently available and the major concern, particularly for outdoor events, is what the practical and financial impact of the requirements will be and how this will impact on the commercial viability of events going forward”.

We at Laceys will be continually monitoring the development of this proposed law and will be providing further updates and clarity on this subject as it becomes available.

If you or your business needs any assistance with licensing a premises (be it a shop, bar, pub, club or event), please contact our Licensing team today and we will be happy to help.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.