This government consultation is seeking views on the requirements imposed on Standard Tier premises under the Terrorism (Protection of Premises) Bill.

It is intended for organisations, businesses, local and public authorities, and individuals who own or operate publicly accessible premises or events that the Terrorism (Protection of Premises) Bill will potentially affect.

It seeks views from those responsible for smaller premises which would fall within the Standard Tier.

The Bill will impose requirements in relation to certain premises and events to increase their preparedness for, and protection from, a terrorist attack by requiring them to take proportionate steps, depending on the size and nature of the activities that take place at the premises.

The proposed requirements would apply to those responsible for qualifying public premises and qualifying public events. They might be individuals but, in most cases, would be a business or other organisation.

One of the conditions for premises would be that they be wholly or mainly used for a listed purpose, such as the provision of entertainment and leisure facilities to the public.

The proposals set out different requirements for:

• Standard tier premises, which would have a capacity of 100-799 individuals.
• Enhanced tier premises and qualifying public events, both of which have a capacity of 800 individuals or more.

It is stressed that this consultation is focused on the requirements proposed in relation to standard duty premises, which are referred to as the “Standard Tier”.

According to the document, in total it is estimated that 278,880 premises fall into the Standard Tier. These are mostly:

• Retail and hospitality (65% of premises).
• Places of worship (16%).
• Schools (11%).

In terms of the operation of these premises:

• 153,590 are operated by micro businesses/organisations (55.1%).
• 37,450 are operated by small businesses/organisations (13.4%).
• 28,600 are operated by medium businesses (10.3%).
• 59,240 are operated by large businesses/organisations (21.2%).

The Standard Tier incorporates premises which have a variety of purposes, ranging from shops, community facilities or village halls to cinemas, nightclubs or theatres which may have capacity for up to 799 individuals. It is noted that those who operate these premises will have differing skills, experiences and knowledge as to how best to respond to emergencies. The Standard Tier procedures have been developed to recognise a diversity of premises and their occupants, delivering meaningful outcomes across this broad range of premises where lives could be saved in the event of an attack.

Revised approach

During pre-legislative scrutiny conducted by the Home Affairs Select Committee (HASC), some concerns were raised as to the burden associated with the Standard Tier, with particular focus on voluntary and community-run premises within scope of the published draft Bill.

Since publication of the draft Bill in May 2023, the Government has revised its approach to the Standard Tier. The revised obligations are designed to be low-to-no financial cost and low burden to put in place, whilst continuing to deliver meaningful outcomes that could save lives. The government is committed to ensuring that those responsible for complying with Standard Tier requirements premises are not over-burdened. It is felt that the proposed changes to the Standard Tier mean that the duty can apply to premises in a proportionate way, without incurring significant additional cost or time. Specific feedback is sought in this consultation to ensure the proposed requirements strike the right balance.

The purpose of this consultation is to test government’s proposals for the Standard Tier. Views of organisations and the general public are invited as to whether the revised approach:

• Sets out the government’s requirements for the Standard Tier in a clear, understandable way.
• Is better suited to the wide variety of organisations within the Standard Tier, to ensure that any burden is appropriate.

Summary of revised Standard Tier requirements

In summary, those responsible for Standard Tier premises must:

•  Notify the Regulator that they are, or have become, responsible for premises within scope of the Bill (and so subject to the relevant requirements). This remains broadly in line with previous requirements.
• Have in place procedural measures that could be expected to reduce, so far as reasonably practicable, the risk of physical harm to individuals at the premises in the event of an attack. These relate only to the procedures to be followed by people working at the premises in the event of an attack occurring or being suspected as about to occur. Details on the procedures required are set out at paragraph 22. As the procedural measures are about procedures for responding to an attack or suspected attack, it is not expected or required that physical alterations be undertaken or additional equipment purchased for Standard Tier premises.
• In contrast to the published draft Bill, there is no requirement to complete a specified form (the ‘Standard Terrorism Evaluation’) for Standard Tier premises or ensure thatpeople working at the premises are given any specific training. However, as part of putting in place the procedural measures, workers will need to be sufficiently instructed or trained to carry them out effectively.

The consultation closes on 18 March 2024.

Martyn’s Law: standard tier consultation – GOV.UK (www.gov.uk)