Q1:
I have heard a lot about Martyn’s Law and having to prepare risk assessments and such like in the event of a terrorist attack.
My pub has a large beer garden and I regularly have more than 200 people both inside and outside so I think we would be in the standard tier. I know that Martyn’s Law isn’t in force yet, but do you have any idea of timescales and perhaps how to prepare?
A1:
Martyn’s Law, officially known as The Terrorism (Protection of Premises) Act 2025 became law on 3 April of this year but its provisions do not yet have effect, so while it is on the statute books it is unlikely to be brought into effect until 2027.
This is to allow operators a lead time to prepare the risk assessments you refer to and generally prepare. It is also to allow the Security Industry Authority (the Regulator under Martyn’s Law) and the Government to consult with stakeholders and prepare guidance, which I understand is going to be sector-specific.
Do not let anybody tell you that they can sell you a package that will make you “Martyn’s Law-compliant”. This is impossible because the provisions haven’t been brought into effect yet and there is no guidance.
That being said, while t I am no security or counter terrorism expert, the fact that Martyn’s Law has not yet come into effect does not mean the threat of a terrorist attack doesn’t exist. The current threat level nationwide is Substantial and there is of course nothing to stop you - and I would imagine many security advisors would advise you – to positively consider carrying out your own risk assessments now.
There are a host of Government and Police-resources online that can point you in the right direction if you chose to do so, for example the National Counter Terrorism Security Office at www.protectuk.police.uk.
Q2:
I have a regular live band from 20:30 until 22:30 on a Thursday night. There is a condition on my licence that states “all doors and windows must be closed during regulated entertainment”, but during the summer months when it was so hot I did have the windows open.
A local resident has complained and quoted to me this condition on my licence. I thought the Live Music Act suspended conditions like this?
A2:
Amendments to the Licensing Act 2003 brought in by the Live Music Act 2012 and subsequent de-regulation basically mean that if you have live amplified or recorded music (e.g. bands or DJs) on premises authorised for the sale of alcohol for consumption on those premises and the bar is open then any music-related conditions do not apply, up until 23:00 and for audiences up to 500.
The condition that you refer to is clearly a music-related condition. The Live Music Act was intended to reduce red tape and bureaucracy to allow live bands to thrive as they had done in the days of the Beatles, Genesis and Status Quo (if anybody can remember that far back).
So it is exactly the sort of condition the Live Music Act was intended to suspend. Legally, therefore, it does not apply, unless it has been reimposed following a licence review.
However, what the Live Music Act does not do is allow you to cause a noise nuisance. Substantiated complaints about noise from your premises could result in a review of your licence (where the relevant condition could be made to re-apply) or indeed a Noise Abatement Noise being issued by the Environmental Health Officer.
Therefore, while you are not in breach of your licence this is obviously an issue and I would firstly suggest, if you can, trying to resolve the matter with the resident directly.
- Andy Grimsey is a senior associate solicitor at Poppleston Allen
