If you run a business, event or venue that’s open to the public, you may have heard of Martyn’s Law (also known as the Terrorism (Protection of Premises) Act. But understanding whether the new law actually applies to your business can be confusing.
Which is why, at St John Ambulance, we’re here to help break it down. With no legal jargon or scare tactics, but clear and simple answers so you can follow and understand:
- Whether your business is in scope
- How a capacity threshold works
- What premises and events count
- What to do if you fall under a Martyn’s Law tier
What is Martyn’s Law?
Martyn’s Law is a new law that is designed to improve preparedness and response at public venues and events in the unlikely event of a terrorist incident. So, new guidance and duties are being introduced for those organisations that hold large numbers of people, with a focus on:
- Planning ahead
- Training staff
- Developing clear communication
- Creating response procedures
Under the law will be two tiers: Standard and Enhanced, where the requirements will differ depending on the size of venue capacity and increased risk. This means that smaller venues won’t be expected to install security systems or hardware, whereas larger venues will need to.
Martyn's Law capacity tiers explained
The first step for Martyn’s Law is capacity, and that doesn’t mean what’s written on a fire safety certificate. Instead, you should look at the number of people who would be present at any given time, including staff. Leading to understanding the below:
Standard Tier:
- Applies if you have a capacity of 200-799 visitors on site, at one time
- Adding simple, low-cost preparedness measures
- No requirements for physical security installations
Enhanced Tier:
- Applies if you would ever have 800 visitors on site at any given time
- Adding additional planning and appropriate security measures
- If your venue does not hold 200 people at once, it would not fall under Martyn’s Law
Qualifying premises vs qualifying events
This can be a bit of a grey area, and where businesses may get caught out. So, let’s break it down.
What’s a qualifying premise?
- If it’s open to the public
- If it’s used for activities like places of worship, hospitality, education or childcare
- If it can expect 200+ people on site at any given time
- If it's not listed as exempt under the Act
What is a qualifying event?
A qualifying event can bring Martyn’s Law into play temporarily, such as if it ticks off the above criteria, even if the venue is usually out of scope.
This includes:
- If the event is open to the public
- If the event can expect over 200+ guests at the same time
- If the event has control measures put in place (ticketing, barriers, etc)
Examples of qualifying events can be music festivals, private events at office buildings, club events, food festivals, etc. In cases like these, the responsibilities will sit with the event organiser, instead of the venue owner.
Simply put, even though a venue may not fall under either tier normally, when it holds an event that can house 200-800+ guests at one time, it could temporarily hold it under Martyn’s Law. After the event finishes, it will return to its normal position under the law.
Common grey areas and exclusions
Although not every venue will qualify under Martyn’s Law, and can be excluded entirely. These venues can be:
- Small premises, like pubs, cafes, and small offices
- Private premises not open to the public
- Workplaces with controlled access only
- Various healthcare and educational settings, depending on use
But there can be some grey areas around:
- Shared spaces
- Seasonal events
- Occasional events
- Multi-use venues
In which case, the factors that will determine whether the venue falls under Martyn’s Law would be: capacity, entry controls and public access.
What to do next if your venue applies to Martyn’s Law
If you find that your business falls under the scope, your next steps will be about preparedness.
This means:
- Identifying the ‘responsible’ person
- Understanding the realistic capacity of your venue and its uses
- Putting simple response measures in place
- Making sure your staff are prepared in an emergency
If you fall under the Enhanced Tier, you’ll need to evaluate and put appropriate measures in place, like a new security system, for example.
But you’re not alone, and there is an implementation period before Martyn’s Law comes fully into force, providing you with time to implement new safety measures.
How St John Ambulance can support you
Here at St John Ambulance, our role is about helping you understand practical preparedness, and helping organisations feel confident, capable and ready to respond if an emergency happens.
Whether that’s first aid training for workplaces and events, or supporting organisations to build a calm and confident response skill.
At the core of Martyn’s Law is that being prepared helps save people's lives.
FAQs
Does Martyn's Law apply to all businesses?
No. Martyn's Law only applies to certain publicly accessible premises and events that meet a specific capacity threshold. Find out more here.
How do I know if my business falls under Martyn's Law?
The main indicator is understanding the number of people who could be present on your premises at one time, including staff. You should also consider whether your premises are open to the public and whether they meet the qualifying premises criteria. This will then help you understand whether you fall under either of the tiers.
What is the minimum capacity for Martyn's Law to apply?
Martyn's Law applies to venues and events with a capacity of 200 or more people. Premises that do not hold 200 people at one time are not expected to fall under the legislation.
Does Martyn's Law apply to temporary events?
Yes. Some events may fall within the scope of Martyn's Law even if the venue itself does not normally qualify. Factors such as public access, expected capacity size and event control measures can determine whether the event falls under scope.
Who is responsible for complying with Martyn's Law at an event?
For qualifying events, responsibility may sit with the event organiser rather than the venue owner. This will depend on who has control over the organisation and management of the event.
Are offices covered by Martyn's Law?
Offices that are publicly accessible and meet the minimum capacity threshold will be covered by Martyn's Law. This will also be applicable to offices that host public events if they meet the capacity threshold.
Recommended reading
Further reading
- Why First Aid Training matters under Martyn's Law
- Understanding Martyn's Law for retailers and shopping centres
- Understanding Martyn's Law for the hospitality sector
- Understanding Martyn's Law for education, healthcare and places of worship
- Understanding Martyn's Law for events, festivals and temporary venues
