Background
The bombing of the Manchester Arena in 2017 exposed the lack of readiness of many public venues to deal with terrorist threats. The Terrorism (Protection of Premises) Act 2024 (the "Act") is, for which the mother of one of the victims has lobbied extensively, has just received Royal Assent and intends to make it clearer to landlords what is expected of them to mitigate against the risk of terrorist attacks.
It will be a relief to commercial landlords and their tenants that in most cases they will not be affected by the legislation and its regulatory requirements. Schedule 1 of the Act lists seventeen categories of which are caught. These include educational establishments, shops, restaurants, places of worship and entertainment venues, including sports grounds, theatres and cinemas. However offices are not included, nor are residential developments.
However, it is our opinion that landlords of public-private spaces, places such as large shopping centres or retail parks for example, will have new duties placed on them under the legislation. Most will fall under the standard category of duty, although some may come under an enhanced duty.
Standard Tier Premises
The obligations in the Act are structured according to the number of people likely to be present at a venue or event at any given time, with two key categories: standard tier and enhanced tier.
Standard tier premises are those where it is reasonable to expect between 200 and 799 individuals to be present at the same time or event. Those responsible for such premises are required to notify the regulator, the Security Industry Authority ("SIA"), of their duty-holder status and ensure that they have, so far as is reasonably practicable, appropriate public protection procedures in place. These procedures should be proportionate and are aimed at reducing the risk of physical harm to individuals in the event of a terrorist attack on or near the premises.
There is no expectation under the Act that standard tier venues will introduce physical security infrastructure. The focus is instead on procedural readiness – clear internal protocols, basic awareness training for staff, and the capacity to respond coherently should an incident occur.
These may include ensuring that occupiers have clear evacuation and shelter-in-place protocols, that security staff are trained to respond to a terrorist incident, and that communication plans are in place for liaising with tenants and emergency services. Some landlords will already have done this in response to activists targeting their tenants, so the new Act will not be unduly onerous.
Enhanced Tier Premises and Qualifying Events
For premises and events where over 800 individuals may reasonably be expected to be present at one time, a higher level of duty applies. In addition to the standard requirements – notification to the SIA and the implementation of basic public protection procedures – duty holders must also consider how they can reduce the vulnerability of the premises or event to a terrorist act.
They are required to put in place measures that, as far as is reasonably practicable:
- reduce the likelihood of a terrorist act occurring at or near the venue, and
- reduce the potential for physical harm to individuals if such an act does take place.
In addition, duty holders must document their public protection procedures and any other measures, and submit this documentation to the SIA. The regulator may use this to assess whether the venue is meeting its obligations under the Act.
Examples of appropriate measures for enhanced tier premises and events may include:
- bag search policies;
- CCTV or other surveillance systems;
- vehicle access checks or restrictions;
- changes to ingress and egress routes to limit crowd build-up; and/or
- defined shelter-in-place or evacuation strategies.
Again, some office and mixed use developments may fall under this – it is likely, for example that more than 800 people might be present on the estate of a large commercial office landlord in the morning and evening rush hours. Additionally, landlords who stage events, perhaps over the Christmas period, will draw additional crowds.
Exemptions under Schedule 2
Certain premises are specifically excluded from the Act, as set out in Schedule 2 of the Act. These exemptions recognise where other security arrangements already apply or where the nature of the premises makes the application of the Act impractical or unnecessary.
The following are among the premises excluded from the Act:
- Government premises: Any part of the Palace of Westminster, the devolved legislatures, and buildings occupied by relevant departments of government.
- Transport hubs: Locations such as airports, national rail stations, the London Underground, international rail premises and ports.
- Open public recreation spaces: Parks, commons, gardens, and recreational grounds that are open without controlled access.However, were a large event to be held in a park, for example the Hyde Park 'Winter Wonderland' or the summer concerts, the Act would apply to those events.
The Role of the Security Industry Authority (SIA)
The SIA will serve as the regulator for the Act. It is already well-established as the body responsible for licensing the private security industry in the UK, and so the SIA''s remit will now extend to overseeing compliance with the Act. It will be responsible for maintaining a register of duty holders, issuing guidance, and enforcing compliance.
The SIA's powers will include issuing compliance notices, monetary penalties, and, where there is persistent or egregious failure to meet obligations, criminal enforcement action. The choice of the SIA as regulator reflects the government's aim to use an existing and experienced body with operational knowledge of frontline security delivery.
The SIA is also expected to support businesses through the transition by offering guidance and advice, particularly during the 24-month implementation period leading up to the Act coming into force.
Conclusion
London and other major cities have unfortunately long been the target for terrorists, and it is perhaps surprising that such legislation was found to be necessary. However the public enquiries after the Manchester Arena and London Bridge attacks found that procedures need to be robust and clear. Landlords will have twenty four months to prepare for the new regime before the Act takes effect, and the SIA is expected to produce guidance in due course.
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