The Terrorism (Protection of Premises) Act 2025, also known as Martyn’s Law, introduces specific criteria for determining what constitutes a “qualifying premise” subject to the Protect Duty. These premises must meet all of the following conditions:
Article 3 in a series on Martyn's Law
This blog is part of our ongoing series exploring Martyn’s Law and its impact on public safety. We recommend checking out the previous blogs for valuable insights. Don’t hesitate to contact us directly for further information or tailored advice.
The Nature of the Premises
The premises must consist of:
- A building, or
- A combination of a building and associated land.
This can include examples such as:
- A pub and its beer garden.
- A hotel with outdoor grounds used for dining or events.
The Use of the Premises
The premises must be “wholly or mainly” used for one or more activities outlined in Schedule 1 of the Act.
- Wholly Used Premises: These are premises solely dedicated to one or more Schedule 1 activities.
- Mainly Used Premises: These premises may serve multiple purposes, but one or more Schedule 1 activities predominate.
For example, if a premise hosts both public and private events, it will likely qualify if the usage for public events outweighs private usage over the course of a year. Schedule 1 activities include the sale of food and drink for on-site consumption, among others.
Capacity of the Premises
To qualify, the premises must reasonably be expected to accommodate 200 or more individuals at the same time in connection with the Schedule 1 activities.
Exemptions
Premises subject to exemptions listed in Schedule 2 are not considered qualifying premises under Martyn’s Law. These exemptions ensure the Protect Duty is applied proportionately and excludes locations that do not align with the legislative intent.
SILA: Managing Sensitive Information
The Act 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 Act 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 Tailored Approach to Premises Classification
Martyn’s Law employs a nuanced approach to determining what constitutes a qualifying premise, considering factors such as the primary use of the premises, the scale of operations, and public access. Doing so ensures that the measures required under the Protect Duty are targeted, reasonable, and proportionate to the risk posed by specific types of premises.
As businesses and venue operators review their obligations under this framework, they are encouraged to carefully assess their use and capacity to determine whether they fall within the scope of the law.
