Regulation, Statutory Guidance, and the Role of the Regulator under Martyn’s Law

Concert Venue with large attendance that is subject to the Protection of Premises Bill

The Terrorism (Protection of Premises) Bill 2024, commonly referred to as Martyn’s Law, introduces a robust framework to ensure compliance with its requirements. Central to this framework is the Security Industry Authority (SIA), the designated regulator under the Bill.

Article 2 in a Series on Martyn's Law

This blog is part of our ongoing series of blogs, exploring Martyn’s Law and its impact on public safety. We recommend checking out the previous blogs for valuable insights, . For further information or tailored advice, don’t hesitate to get in touch with us directly.

What Does Martyn’s Law Require?

The law establishes two levels of obligation: Standard Duty and Enhanced Duty, depending on the size and nature of the premises. Both duties require venues to adopt measures to ensure the security and safety of the public. The intent is not only to prevent terrorism but also to create a culture of preparedness and resilience.

The Role of the Security Industry Authority (SIA)

The SIA will play a pivotal role in supporting venues and organisations to meet the obligations set out in Martyn’s Law. It will:

  • Provide Guidance: The SIA will produce detailed guidance on how it intends to carry out its functions under the Bill, offering advice on compliance for those responsible for qualifying premises and events.
  • Ensure Compliance: The regulator will use a combination of advice and enforcement tools to ensure adherence to the law.
  • Address Non-Compliance: For serious or persistent breaches, the SIA will have access to civil sanctions and investigatory powers, alongside the relevant criminal offences underpinning the enforcement regime.

Inspection and Access Powers

To assess compliance with the Bill’s requirements, inspectors will be granted powers to access premises and events. These powers include:

  • Notice of Entry: Inspectors can enter premises with 72 hours’ notice to observe activities and review security arrangements.
  • Warranted Entry: If notice would compromise the inspection, access is denied, or fewer than 72 hours is required, inspectors can apply for a warrant to gain access.
  • Inspection Activities: During inspections, inspectors may examine documents, equipment, and other materials. They can also require individuals on the premises to provide explanations or assistance. If necessary, items may be removed as evidence or for further investigation where copies are unavailable.
  • Accompaniment: Inspectors may be joined by technical experts to advise on specific security measures during inspections.

Powers to Gather Information

Inspectors are empowered to issue notices requiring the provision of information to assess compliance. This may involve:

  • Submitting security-related documents for review.
  • Arranging interviews with relevant individuals, such as a head of security, to clarify details about implemented measures.

SILA: Managing Sensitive Information

The Bill introduces a procedure to manage sensitive information in licence applications through the Sensitive Information in Licence Applications (SILA) framework. This addresses concerns about public access to detailed plans that could inadvertently aid terrorist activities.

Key provisions include:

  • Amendments to Licensing Acts: The Bill modifies the Licensing Act 2003 and the Licensing (Scotland) Act 2005 to ensure sensitive information in premises plans is protected.
  • Two-Tier Plan System:
    • The first plan is detailed and accessible only to the Licensing Authority.
    • The second plan is a simplified version available for public inspection, reducing the risk of sensitive information being misused.
  • Removal of Sensitive Plans: Licence holders can request that sensitive plans held by a Licensing Authority be removed from the public register and replaced with modified versions.

A Commitment to Public Safety

Martyn’s Law is designed to strengthen security measures in public spaces while ensuring transparency and fairness in its enforcement. By combining proactive guidance with effective oversight and enforcement powers, the Bill aims to create a safer environment for all while addressing the practical needs of businesses and organisations.

For more information on Martyn’s Law, please see: Martyn’s Law Factsheet – Home Office in the media

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Kevin Purcell

Kevin, United Outcomes’ Chief Operating Officer, boasts a distinguished career leveraging his background as a senior police officer to drive organisational excellence. With over a decade in leadership roles, Kevin excels in coordinating multi-agency operations, underscoring his adeptness in emergency preparedness. Specialising in change management, leadership, and development across various sectors, he has a record of executing projects efficiently, within budget, and to the highest standards.

How United Outcomes helps

United Outcomes specialises in providing bespoke solutions to support organisations in meeting the requirements of Martyn’s Law. We understand the unique challenges faced by venues of all sizes and offer tailored advice to address specific needs. Our approach focuses on venue-specific guidance, ensuring that every strategy we develop is both effective and aligned with your objectives. By partnering with us, you can confidently navigate the responsibilities of Martyn’s Law, transforming challenges into opportunities to enhance public safety and resilience.

United Outcomes specialises in providing bespoke solutions tailored to meet the unique needs of individuals, small and medium-sized enterprises, and large corporations. Our approach is rooted in a deep understanding of our clients’ specific challenges. We offer personalised advice, crafting strategies that are as unique as each client we serve. By focusing on individual-specific guidance on a case-by-case basis, we ensure that every solution we deliver is not just effective, but also perfectly aligned with your objectives. Let us partner with you to transform challenges into opportunities, guiding your practice towards tangible progress.

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