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Martyn’s Law Update: Home Office guidance and SIA consultation

Clarifying operator obligations and the enforcement framework under Home Office and SIA guidance

The Home Office has published the statutory guidance on Martyn’s Law. To coincide with this, the SIA have published their draft guidance and consultation document.

The Home Office guidance is provided to help operators better understand their obligations whilst the SIA guidelines set out how enforcement of obligations will occur. The Home Office guidance can be read here.

The Home Office guidance provides for:

  • Assessing if your premises is a “qualifying premises”
  • Who is the responsible person?
  • The provision of reasonably practicable public protection procedures; evacuation, invacuation, lockdown and communication including obligations to have staff training on these procedures
  • Additional obligations on enhanced tier premises to have public protection measures; monitoring, movement of people, physical safety/security and security of information
  • Preparation of compliance documents
  • Good practice

The draft SIA guidance sets out the role of the SIA as the regulator and how enforcement will occur. The document is open for consultation and can be read here. The consultation is open until 11:59 on 12th June 2026.

The draft guidance provides for:

  • An overview of the role of the SIA as the UK-wide regulator (not devolved),
  • An obligation to inform the SIA when you become the responsible person for a qualifying premises/event, change of information or cease to be responsible,
  • Submission of compliance documentation to the SIA (enhanced tier only),
  • The SIA approach to checking compliance including desk-based assessments, on-site inspections (with or without notice),
  • Approach to enforcement action including compliance notices, restriction notices, penalty notices and criminal proceedings,
  • Advice to commence preparation now

Operators are expected to be compliant with their obligations by April 2027.

View our full page on Martyn’s Law here.

For further information or queries, please feel free to contact Joe Harvey or any of our licensing solicitors on 0115 953 8500.

About the author: Joe Harvey

Joe joined Poppleston Allen as a Associate Solicitor in July 2022.

Joe is an experienced advocate having amassed over 18 years experience in criminal litigation. He holds the Duty Solicitor Accreditation as well as Higher Rights of Audience (Criminal Proceedings). His advocacy practice has taken him from panels and committees through to the Court Appeal.

He has considerable experience with advising on and defending regulatory proceedings including Trading Standards, Health and Safety Executive and DVSA.

Working closely with the partners, Joe advises clients on a breadth of licensing applications ranging from full and minor variations, DPS alterations and new premises licence applications.

Joe’s years of advocacy experience make him a natural choice for representing client’s interests at licensing committee hearings and he has enjoyed particular success with contested applications and premises licence reviews.

Read more about Joe

Joe Harvey

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