Guide
Enhanced tier Martyn's Law: the extra duties at 800 capacity
Updated
The enhanced tier is where real cost sits, because it adds an assessment duty, a documentation duty with a regulator deadline, and penalties in the millions rather than the thousands.
What triggers the enhanced tier
- Premises: it is reasonable to expect that from time to time 800 or more individuals, staff included, may be present at the same time in connection with a Schedule 1 use.
- Qualifying events: the premises are not already enhanced duty premises, the public have access to attend, it is reasonable to expect 800 or more individuals present at the same time at some point during the event, and there are measures to check that attendees have paid, hold tickets or passes, or are members or guests (section 3).
- The exceptions still apply: places of worship, childcare and primary or secondary education premises stay in the standard tier regardless of numbers.
The three extra duties
- Public protection measures, section 6
- Assess and keep under review, and so far as is reasonably practicable put in place, measures relating to monitoring the premises and its immediate vicinity, the movement of individuals into, out of and within the premises, the physical safety and security of the premises, and the security of information (legislation.gov.uk).
- Documenting compliance, section 7
- Prepare and keep up to date a document stating the procedures and measures in place and assessing how they reduce the risk and vulnerability, then provide a copy to the SIA as soon as reasonably practicable after preparation, and within 30 days of any revision (legislation.gov.uk).
- Designated senior individual, section 10
- Where the responsible person is not an individual, designate an individual concerned in its management or control as responsible for ensuring compliance.
The penalty gap between the tiers
Section 18 sets the maximum non-compliance penalty at £10,000 where the contravention relates to standard duty premises, and at the greater of £18 million or 5% of qualifying worldwide revenue where it relates to enhanced duty premises or a qualifying event. A separate £5,000 maximum applies to failing to comply with a notice requiring attendance to answer questions (legislation.gov.uk). This gap, not the procedures themselves, is why enhanced tier assessment work is priced the way it is.
Where the money goes
- The assessment, because section 6 is an ongoing assess and review duty, not a one off installation.
- The document, because it goes to the regulator and has to survive being read by one.
- Co-ordination, where more than one person is responsible or premises sit inside other premises: section 8 requires them to co-ordinate so far as reasonably practicable.
- Physical measures, which may be justified but are the one item to challenge hardest, since section 6 asks for measures that are appropriate and reasonably practicable, not for a particular product.
Sitting near the 800 line? Your evidenced capacity figure decides which of these two lists you are buying. Get the assessment done before the implementation quote.