Premises with a capacity of more than 100 must plan for a terrorist attack, after the Terrorism (Protection of Premises) Bill was granted Royal Assent.
The bill is known as Martyn’s Law, named after Martyn Hett, who was among 22 people killed during an Ariana Grande concert at Manchester Arena in May 2017.
Venues with a capacity of between 200 and 799 will have to train staff to lock doors or close shutters and identify a route to safety.
Meanwhile those over 800 should make changes such as installing CCTV systems or hiring security staff.
Prime Minister Keir Starmer said: “Today is a landmark moment for our security as my government delivers on its promise to introduce Martyn’s Law and better protect the public from terrorism.
“Figen’s courage and determination in the face of such unimaginable loss is truly humbling and it is thanks to her campaigning that Martyn’s Law means her son’s legacy will live on forever.”
A regulator will be set up to help enforce the rule, while it will support, advise, and guide people responsible for premises and events.
The bill captures premises used for the following: Retail, e.g. stores or shopping centres; hospitality and nightlife, e.g. bars, pubs, restaurants, cafés, nightclubs and other public clubs; entertainment, e.g. theatres, cinemas, and concert halls and arenas; sports grounds; recreation and leisure, e.g. public sports/leisure centres, ice rinks and gyms; public libraries, museums and galleries; public conference centres, exhibition halls and other venues for hire; visitor attractions; hotels, holiday parks and similar holiday accommodation; places of worship; healthcare; education and childcare; public transport, including train stations, ports and airports; and public services and facilities.
Ben Butterworth, associate at international law firm, Charles Russell Speechlys, said: “Martyn’s Law aims to combat terrorism threats by requiring property owners and occupiers to enhance security at public venues and events, with sanctions for non-compliance.
“The law will apply to properties hosting over 200 people, with stricter duties for venues expecting more than 800 attendees. It will affect sports, music and other entertainment, leisure and hospitality venues, as well as shops, restaurants, museums, hotels, bus and railway stations, educational premises and places of worship – amongst others.
“Whilst the obligations will not come into force for another two years, property owners and occupiers should now start to assess how they will comply with their new duties, both in terms of the practicalities and potential costs to their business. The government has promised further detailed guidance, which will be welcomed by businesses to fully consider the extent of their duties.”
Matt Walker, real estate partner at law firm, Gowling WLG, said: “This is a positive step towards ensuring public safety and preparedness in the face of evolving terrorist threats, but does come at a time when the property market has already been getting to grips with the landscape following the Building Safety Act 2022 and already have the spectre of MEES hanging over them.
“The bill will impose new obligations on landlords and tenants who will be required to take reasonable steps to prevent or mitigate the risk of terrorist attacks on their premises, so it does introduce another complexity to comply with.
“It will also have implications on the rights and responsibilities of landlords and tenants in addition to the allocation of costs and risks between them, with questions such as who is responsible for complying with the duty and who is liable for any breaches needing to be considered.
“The consequence could be a knock-on effect on rent, service charge, insurance, repairs and alterations and possibly even the market value of the property itself.
“Non-compliant buildings will run the risk of becoming less attractive to investors and potential tenants, as well as possible financial penalties. Therefore, it is essential for owners and those responsible for any qualifying premises to be mindful of their responsibilities and remain proactive.”