The new law is named after Martyn Hett who was one of the 22 people killed in the 2017 Manchester Arena bombing attack and requires those responsible for certain premises and events to consider the terrorist risk and how they would respond to an attack.
The Act will require public premises where 200 or more individuals may be present, to be better prepared and have plans in place to keep people safe in the event of an attack. Larger premises and events where 800 or more people will be present will be required to take further steps to reduce their vulnerability to acts of terrorism – such as having CCTV, bag search policies or vehicle checks where appropriate.
The Act applies to publicly accessible buildings or land used for the following:
- the retail sale of goods
- the sale of food and drink for consumption on the premises
- entertainment and leisure activities
- sports grounds
- hotels
- holiday parks
- visitor attractions and so on.
- Outside the hospitality sector uses include healthcare, places of worship, childcare and educational establishments.
The ‘capacity’ of each premises matters as there is a tiered approach to obligations
Standard Tier: Premises that are reasonably expected to have 200 to 799 individuals on the premises from time to time.
Standard tier premises are required to put in place Public Protection Procedures to reduce the risk of physical harm to individuals who may be present. These would normally include evacuation, invacuation, lock down and communication procedures. The Act does not require physical alterations or the purchase of equipment at standard duty premises. However, people working at the premises must be made aware of the procedures so that they can be ready to put them into practice. These procedures will require review.
Enhanced Tier: Premises that are reasonably expected to have 800 individuals or more.
All of the above Standard Tier requirements, plus operators are required to ensure that public protection measures are put in place to reduce the vulnerability of the premises or Qualifying Event to acts of terrorism. These may be implemented through:
- people (e.g. extra training)
- processes (e.g. a bag search policy) or
- or physical measures (e.g. CCTV).
Measures also include monitoring of the premises, controlling the movement of people in and out of the premises, physical safety and security measures (e.g. safety glass or Hostile Vehicle Mitigation) and understanding the sensitivities of information relating to a premises and who should have access to that information, such as floor plans.
You can read more on the leading licensing solicitors Poppleston Allen’s website, or read the full government legislation.
