Compass Insurance takes time to tell us about something a little different than the usual world of insurance but about some legislation that, potentially, could affect many parks.
WHAT IS MARTYN’S LAW?
To give it the correct title, the Terrorism (Protection of Premises) Bill is a piece of legislation contained within the King’s Speech last November. It has recently completed a public consultation and the Home Office will respond on this in the near future with a view to pushing the Act through Parliament in the current term.
It will be applicable across England, Wales, Scotland, and Northern Ireland. This Bill has its origins in the Manchester Concert Bomb attack in 2017, where alongside 21 others Martyn Hyett lost his life. Since the attack, a campaign has been led by Martyn’s mum to pass a law requiring hospitality and retail venues to improve their awareness of and their level of security against terrorist threat.
WHAT WILL MARTYN’S LAW DO?
Through Martyn’s Law premises will be better prepared, ready to respond and their staff will know what to do in the event of a terrorist attack. It will enhance public safety by ensuring there is better preparedness for, and protection from, terrorist attacks. This will be done by mandating, for the first time, who is responsible for considering the risk from terrorism and how they would respond to a terrorist attack at certain premises and events.
HOW DOES THIS AFFECT ME?
The proposed law will require any venue with a capacity for over 100 people to carry out certain measures and assessments to be able to lawfully conduct their business. There are several requirements for a venue to fall under the jurisdiction of Martyn’s Law, including:
• Premises and events must be open to the public.
• The premises’ purpose must be listed in the bill – these can include retail areas, events venues, entertainment, and leisure venues, etc.
• Premises must have capacity for at least 100 people.
• Premises may be a building or location with clearly defined boundaries and access routes (by permission).
• Temporary events like festivals are also included in the bill, where they need permission to enter and a capacity of more than 800 people.
• It is proposed that there will be a standard tier (100 to 799 capacity) and an enhanced tier (over 800 capacity).
THE TERRORISM (Protection of Premises) Bill is a piece of legislation contained within the King’s Speech last.
STANDARD TIER
Under Martyn’s Law, the standard tier is a baseline measure for venues with a capacity between 100 and 799. The Bill will aim to set out low-cost, practical, and effective measures to help improve preparedness in case of an attack. This may include sharing information, providing additional training for staff, and creating a preparedness plan to ingrain certain practices.
Examples include locking doors to prevent easy progress through a venue, or providing enhanced first-aid training to staff members so they can provide vital care before the emergency services arrive. Currently, the standard tier of Martyn’s Law is under consultation before it can be formalised.
This is because the law needs to provide a proportionate response that is possible for smaller venues to achieve, without being a burden. This balance is essential, as the law is designed to protect people, not penalise businesses because they don’t have the infrastructure or budget to meet the new requirements.
ENHANCED TIER
Larger events and venues, with 800+ capacity, will fall under the enhanced tier of Martyn’s Law. The enhanced tier has additional requirements to fulfil, largely in recognition that there is the possibility for more serious ramifications of a successful attack at a larger venue, like the number and severity of injuries, and the difficulty of a response on a large scale.
Measures under the enhanced tier include taking ‘reasonably practicable’ actions to reduce the risk of a terrorist attack and reduce the physical harm caused, keeping, and updating an assessed security document and designating a ‘senior member’ of staff for the venue or event.
THE PROPOSED LAW will require any venue with a capacity for over 100 people to carry out certain measures and assessments to be able to lawfully conduct their business.
SO, WILL THIS REALLY AFFECT ME?
Most clubhouses, bars and cafés will have a capacity of over 100, especially if outside tables/seating are included (which must be when calculating capacity!) and any members of staff that are involved in serving in this area at the time should also be included. From time to time, we receive requests from parks to cover festivals, displays or exhibitions that may exceed the 800 attendance mark. Below are some of the covers that may be relevant to members when Martyn’s Law is passed.
• Material Damage and Business Interruption
• Terrorism cover is very rarely purchased by holiday parks as terrorist attacks most often occur in cities and major towns.
• We are not suggesting park owners rush out and buy this as the proposed legislation does not impact a park’s decision to purchase this cover.
• Employers’ Liability (EL)
• Standard EL cover will include a limit for terrorism – usually £5 million for any one claim.
• Public Liability (PL)
• Standard PL will also include an inner limit for terrorism, usually £5 million for any one claim.
Once this legislation is passed, if members have a qualifying venue, then they will be required by law to carry out the necessary risk assessments and implement any necessary risk controls. So, this isn’t the law yet, but it could be pretty soon and it’s helpful to know what might be coming down the track.
One final note – there are plenty of ‘deals’ being offered from training companies at the moment with comprehensive-looking packages and services available. Our advice is to ignore all of them at this stage! The full parameters are not known at this time and the legislation is still being formulated.
Compass Insurance
0344 274 0876
www.compassparks.co.uk