Questions To Ask

Who has the competence?

Organisers typically contract out (or buy-in) competence for Health and Safety, Security, Crowd Management, Food Hygiene, Control Room operations, Designated Premises Supervisor (Licensing).

Local Authorities are typically required to ‘Chair’ Safety Advisory Group meetings (SAG or ESAG) in the lead up to events, providing a high-level validation service and ‘no objections’ sign-off for organisers, but hold little or no role in the actual event delivery, unless things go wrong.

Until now the role of a Responsible Person and Competent Person were not defined.

Martyn’s Law requires the appointment of a Responsible Person. This is the individual or organisation responsible for the operation, management, or control of the qualifying premises or event.

Am I legal?

As with the Health and Safety Act the measure of what is Reasonable and Practical, or Proportionate is to be used in the application of Martyn’s Law. However, it could be argued, the measure of reasonable and practical should already be used in respect to the risk of terrorism because it is foreseeable.

Organisers will need to weigh up the commitment both in time and money to mitigate the risks.

Organisers will also need to weigh up the impact to the customer experience and aesthetic – that the measures are seen to be reassuring and not adversely affecting their enjoyment.

Administrative measures could include: specific terrorism risk assessments, specific terrorism security plans and appropriate command, control and communications measures.

Physical measures could also include:

Am I insured?

Standard commercial and property insurance policies usually exclude terrorism specific cover, Martyn’s Law will likely create a renewed demand for Terrorism cover, which will come at a cost.

Directors and Officers, specifically the organiser’s Responsible Person, will also need to consider specific insurance cover.

Unless the Government agrees to fund or indemnify the insurance market the increase in costs will be passed on to organisers.

If acceptable Insurance cover is not available will this mean organisers choose to leave the market?

Decision Support Centre
The National Events Database

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