Martyn’s Law – FAQs

hospa8
Dec 4
5 min read

This article has been developed by Howden in collaboration with Team 9, the security specialist.

Since March 2017, Counter Terrorism Policing assesses that there have been 15 domestic terror attacks in the UK (not including Northern Ireland-related terrorism), and security services and law enforcement have together disrupted 43 late-stage plots.

As a result, the UK’s threat level remains ‘substantial,’ meaning an attack is likely.

Martyn’s Law, which is due to be enforced in 2027,requires public-facing venues, including hospitality businesses, to assess terrorism risks and have clear response plans. Depending on capacity, your hospitality venue may fall under the Standard Tier (200–799 people) or Enhanced Tier (800+), with compliance requirements varying.

Beyond avoiding penalties, being prepared shows a commitment to guest safety and builds trust – and it also protects your employees. Staff play a critical role in responding effectively during an incident, so training and clear communication protocols are essential to keep both your team and your guests safe.

What does compliance look like?

To make it easier for hospitality businesses to understand their obligations under Martyn’s Law, we’ve outlined the key requirements for each tier below. To learn more, take a look at our handy poster which outlines what venues in the Standard Tier and Enhanced Tier need to have in place to meet the legislation.

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Need more guidance?

Together with our security specialist partner, Team 9, we’ve created a comprehensive set of FAQs to help you navigate the implications of this new law and understand what these changes mean for your hospitality business.

How do we demonstrate ‘monitoring’ at our premises without creating a security-guard atmosphere for guests?

Monitoring is simply observing who is arriving and leaving and being able to raise the alarm if an incident is suspected of being about to take place – either at or in the near vicinity. This can still be a great example of good customer service rather than viewed as a disruption. In order to achieve this, reception staff, concierges etc. need to be trained in what to look for, and how to react.

What personal liability does the ‘Responsible Person’ hold, and how can organisations protect individuals from disproportionate blame?

The ‘Responsible Person’ is the person with the authority to oversee and implement measures under Martyn’s Law. It must be a senior position, and it’s important that this person is fully supported with relevant expertise, while also protected by the correct levels of insurance provision.

For venues within the Enhanced Tier, the law requires a very senior individual, such as a Director or Board member, to act as the ‘Responsible Person.’ This role can delegate tasks as needed. A Designated Senior Officer (DSO) is only required if the ‘Responsible Person’ is a corporate entity. Consequently, some venues may need one or both roles, depending on their structure.

How do we align Martyn’s Law requirements with existing health & safety, fire safety, and security procedures without duplicating effort?

Duplication and unnecessary investment should be avoided. A skilled and competent Martyn’s Law auditor should review the current practices and assess what is already in place to satisfy part of the regulatory requirements. A gap analysis, and reasonable measures should then be provided to the responsible person for consideration.

What does effective incident communication look like for multi-site hospitality businesses, especially during fast-moving situations?

A well-designed and proportionate communication strategy should be part of the overall security strategy. The plans that have been designed and approved by the ‘Responsible Person’ must be capable of being communicated.

How can we apply Martyn’s Law in older, listed, or highly constrained buildings where physical security upgrades may not be possible?

The new legislation requires Enhanced Tier premises to implement reasonable security measures. These measures are always bespoke, and what is ‘reasonable’ depends on various factors, including what is possible at the building in question.

We already have CCTV, radios and staff training – how do we evidence that we meet the law in a structured and defensible way?

The CCTV system, radios, and staff training simply needs to be aligned with the overall security plan for Martyn’s Law. There’s no need to immediately buy new equipment. It’s important to see how you can use what you already have.

What does a proportionate evacuation or lockdown plan look like for busy hotel lobbies and public-facing spaces?

These plans are always bespoke to the premises and people being protected. It’s very important that these plans are well-designed and consider the likely types of attack, the activity of the premises, and the resources available. Bear in mind that your current plans may not be appropriate for the response to Martyn’s Law. They must be reviewed.

All ‘relevant workers’ must be trained. What is a relevant worker, and what training do they require?

A ‘relevant worker’ is any person who can impact on the safety of people using the premises. It’s irrelevant if the worker is full-time or part-time; they must be trained in the specific procedures that apply at that premises.

Will Martyn’s Law affect my insurance premium?

Martyn’s Law requires venues which fall within the tiering system to take a more prudent and stringent approach to insuring risk exposures relating to an act of terrorism. Businesses will need to demonstrate to regulating authorities that as an organisation, they’ve considered and implemented appropriate risk mitigation and risk transfer measures to protect the general public whilst on their premises. This may require holding higher levels of terrorism insurance. While it may initially seem that increasing and maintaining higher cover limits will lead to higher premiums, strict compliance with Martyn’s Law and the implementation of robust risk management measures could help mitigate costs and potentially reduce premiums.

Will Public Liability insurance be enough or do I need terrorism-specific insurance?

Public Liability cover in Commercial Combined policies usually includes a sub-limit for claims of third-party injury or property damage caused by terrorism. For example, if your policy provides £5 million in Public Liability cover, claims related to terrorism are typically capped at £2 million.

Standard terrorism insurance typically covers property damage and business interruption only. For hotels, tailored wording that offers broader protection, such as inclusion of utilities infrastructure and enhanced Non-Damage Denial of Access, may be recommended.

Could directors or managers be personally liable?

Directors can be held personally liable if they breach statutory duties, act negligently, or fail to comply with specific legal obligations imposed on them. Martyn’s Law explicitly requires a ‘Responsible Person’ for compliance in enhanced-tier venues. If there’s failure to discharge these duties, and negligence or wilful non-compliance is proven, liability could extend personally to directors.

How should hospitality businesses prepare from an insurance perspective?

Engagement with your insurance broker as early as feasibly possible is recommended – the earlier the engagement, the more favourable the outcome will be for you as an organisation from both a premium and coverage perspective. Partnering with a broker who has the right levels of expertise on the subject of terrorism, will not only assist in your compliance with Martyn’s Law, but will also help safeguard your organisation’s financial resilience against a range of terrorism-related exposures.

If you have any questions about the new Martyn’s Law legislation and how this might impact your current insurance arrangement, please get in touch.