At 800 or more people, Martyn's Law asks for a lot more. Buildings where 800 or more people may be there at once are in the enhanced tier, and big public events with entry checks can be "qualifying events". Both have the same, longer list of duties.
Most village halls, pubs, scout huts and sports clubs are well below this. This guide explains both, so you can tell whether either might apply to you. It isn't a how-to: hailo covers the standard tier and doesn't cover these yet. For the law as a whole, start with what is Martyn's Law.
Who is in the enhanced tier
A building is in the enhanced tier if it's reasonable to expect that "from time to time" 800 or more people may be there at the same time (the Act, section 2). As with the standard tier, you count staff and volunteers, and you count your busiest occasions, even rare ones. Our busiest day calculator helps you work it out, and the scope check tells you your tier.
Places of worship, schools and childcare stay standard
When a building's main use is worship, a school or childcare, the Act says it is standard tier "regardless of how they would otherwise be treated" (the Act, Schedule 1, paras 9(2), 13(3) and 14(3)(b)). So a mosque at Eid, a gurdwara at Vaisakhi or a church at Christmas stays in the standard tier, even with 800 or more people there. The Home Office gives the example of a place of worship that also holds concerts of 800 or more: it is still standard tier only (Home Office: principal use of premises, example 4).
Events held there can't be qualifying events either (the Act, Schedule 2, para 6). What counts is the building's main use, not a single occasion.
What a qualifying event is
A qualifying event is an event, not a building. It has to pass all of these tests (the Act, section 3; Home Office: scope (events) factsheet):
- It's held in a building, on land, or both.
- The place isn't already in the enhanced tier. If it is, the building's own duties cover the event.
- It's open to the public. A private event, such as a wedding reception for invited guests, isn't.
- 800 or more people may be there at the same time, staff included.
- There are entry checks, such as tickets, wristbands, membership cards, QR codes or turnstiles. A suggested donation or a dress code doesn't count (statutory guidance, paras 5.24 and 5.25).
- It isn't at one of the few places the Act leaves out.
A free event can still qualify if it has an entry check. When a standard tier building hosts a big event, the Home Office says it can either bring the building into the enhanced tier or be a qualifying event, depending on the details. Get specialist advice.
Who is responsible for an event
Whoever has control of the place for the event (the Act, section 4), which isn't always the venue. In the Home Office's example, a company hires a village hall for a ticketed fundraiser of 800: the company is responsible for the event, the hall's committee the rest of the time, and they work together (statutory guidance, para 6.5). See our pages on hirers and the responsible person.
The extra duties, in outline
The enhanced tier and qualifying events ask for everything the standard tier does (telling the SIA, and the four plans: get everyone out, bring everyone in, lock down and keep people informed), plus:
- Public protection measures. Assess them, keep them under review and put them in place, so far as is reasonably practicable (section 6). There are four kinds: watching for anything suspicious (monitoring), managing how people come in, leave and move around (movement), the physical safety and security of the place, and keeping information such as floor plans secure. The Home Office says the Act doesn't require building work or specific equipment, though in some cases they may be reasonably practicable.
- A written document. It sets out your plans and measures, and how they're expected to reduce harm. You send it to the SIA, and send it again within 30 days of any change (section 7).
- A senior individual. If the responsible person is an organisation, it names someone who helps run it to make sure the duties are met (section 10). Where volunteers run the organisation, that's still someone who manages it, such as a member of its committee (statutory guidance, para 6.11).
- Higher penalties if things go wrong (section 18).
There's still no statutory training course, but the people with a role must know what to do (Home Office: enhanced duty requirements factsheet).
Where to get help
The SIA says you can't pass on the responsibility, but "you can seek advice from a suitably knowledgeable security adviser". Neither the SIA nor the Home Office recommends particular companies (SIA: its role as regulator). If someone else writes your document, the guidance says they should have relevant experience and competence that can be evidenced (para 8.62), so ask to see it.
For free guidance, start with ProtectUK's enhanced tier page and the Home Office's enhanced duty factsheet.
What hailo does, and doesn't
hailo is made for the standard tier: your four plans, telling the SIA and briefing your people. It doesn't cover public protection measures, the written document or a senior individual yet. The four plans are the same kind at both tiers, so you can still write those in hailo, but please get specialist help for the rest.
General information, not legal advice.