Rural Estates Newsletter February 2023 - Flipbook - Page 8
2 – Three to watch in 2023
Whilst the detail of draft legislation is awaited, the indications are that premises will be
caught if they satisfy the following tests:
1.
the premises must be eligible ie they comprise a building or an event with a
defined boundary,
2.
a qualifying activity, such as entertainment and leisure, retail, food and drink, sports
grounds, places of worship, visitor attractions and temporary events, is taking
place, and
3.
the maximum occupancy of the premises meets a specified threshold, either 100+
(standard tier) or 800+ (enhanced tier).
Where premises are caught, the duty will require owners and operators to take
proportionate protection measures, depending on the size and nature of the venue.
For the standard tier this is described as “easy and simple” activities to meet their
obligations, such as staff training and a preparedness plan. Details for the enhanced tier
are sketchy, but it seems likely that a risk assessment and security plan to a “reasonably
practicable standard” will be required.
There will be limited exclusions such as offices and private residential locations. An
inspectorate will enforce compliance with the duty through a range of sanctions.
The government is at pains to stress that the new duty should involve only “appropriate
and proportionate measures” so as not to create an undue burden on business. But some
degree of additional burden seems inevitable. Landowners who hold events will need to
understand the scope of the duty and whether it falls to them or a third party. For small
events run by the estate this may mean basic risk assessments and protocols arranged inhouse; for larger events, supply contracts with security firms should place all compliance
and insurance obligations with those contractors. Where a site is being hired out for an
event, the event licence will need to cover compliance and insurance angles.
A new online platform has been created by the Home Office to provide guidance on the
Protect Duty: ProtectUK will be the “go to” resource for the new law, as well as advice
and guidance on the requirements under it. Legislation will come forward as soon as
parliamentary time allows and a bill is expected in this session.
“
Rural estates which hold events need to keep an
eye on the development of the Protect Duty or
“Martyn’s Law” named after one of the victims of the
Manchester Arena bombing in 2017.”
8
Rural Estates Newsletter
February 2023