The Terrorism (Protection of Premises) Act 2025 was passed today. The aim of the Act is to improve security at premises and events and reduce the risk of harm in the event of a terrorist act. There are significant fines and possible criminal convictions for anyone who doesn't comply.

Although the main provisions won't come into force for approximately two years, anyone responsible for premises open to the public or who organises events will need to start preparing now.

Background

The legislation was proposed by the previous government in the wake of the Manchester Arena attack in 2017. The Act is known as "Martyn's Law", named after Martyn Hett, one of the victims, whose family campaigned for changes in the law to help prevent similar tragedies from happening again.

Who is affected?

Anyone who is responsible for:

  • premises which are likely to have 200 or more people in them at any time and are used for one of the uses listed in the Act ("qualifying premises"), or
  • events that are open to the public which may be attended by 800 or more people ("qualifying events")

may be required to take steps to make them safer. The types of properties listed in the Act include shops, restaurants, hotels, hospitals, educational establishments, bus and railway stations, retail and entertainment centres, sports grounds and public authorities.

Two-tier system

To balance public security concerns and the additional burden on businesses in complying with the Act, the government has chosen a two-tier system. Qualifying premises are divided into "standard duty premises" and "enhanced duty premises" depending on their capacity.

Premises which might host between 200 and 800 people at the same time are standard duty premises. Those that might host 800 or more people at the same time are enhanced duty premises.

What is required?

Anyone responsible for standard duty premises, enhanced duty premises or qualifying events will need to put public protection procedures in place to reduce the risk of harm being caused if there is a terrorist attack. These are supposed to be simple and low-cost – having an evacuation and invacuation strategy (being safer areas within the premises), being able to lock people in or out and being able to communicate danger to people in the area.

Anyone responsible for enhanced duty premises or qualifying events will also have to have public protection measures in place – these are likely to be more costly and may include monitoring the premises or event, having search and screening processes, installing safety glass or bollards to mitigate against hostile vehicles. Details of these measures will need to be given to the organisation responsible for ensuring compliance, the Security Industry Authority (SIA).

Where a company is the responsible person, it will have to designate someone senior to be responsible for compliance.

Co-operation

The Act also imposes co-ordination and co-operation duties. This will be important where, for example, a tenant controls enhanced duty premises and needs the landlord's consent to do works necessary to provide public protection measures. In other cases, qualifying premises may form part of other qualifying premises, for example, a cinema in an entertainment complex, and duties will arise in respect of both premises.

Who will oversee enforcement?

The SIA will have new powers to investigate and enforce the Act. Before the Act is in force, they will be obliged to issue guidance about how they propose to work.

Are there any penalties for non-compliance?

The SIA may issue financial penalties for any breach – the minimum is £10,000 but the maximum will be the greater of £18 million or 5% of worldwide revenue. In addition, daily fines of up to £50,000 can be given for continued non-compliance. There are also criminal offences in some situations.

What next?

The government has indicated that they won't bring the main provisions into force for another 24 months or so. However, anyone who will assume duties under the Act will want to start preparing now. For existing buildings that means thinking about what procedures and measures should be implemented and what training staff will be needed. While there is no requirement for the design of new builds to meet any additional standard, keeping future procedures and measures in mind is clearly sensible. Getting ahead will also allow the costs of any changes to be spread between now and implementation.

To discuss the Protection of Premises Act and how it might impact your business further, contact our Real Estate team for more information.

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