IoL responds to consultation on new Martyn’s Law tribunal rules

The Institute of Licensing (IoL) has submitted its response to the Tribunal Procedure Committee’s consultation on proposed amendments to the Tribunal Procedure (First‑tier Tribunal) (General Regulatory Chamber) Rules 2009. The consultation, launched on 29 June, sets out procedural changes needed to support applications for determinations under section 11 of the Terrorism (Protection of Premises) Act 2025 (Martyn’s Law). These applications allow premises operators, event organisers and the SIA to seek rulings on matters such as scope, responsibility and whether enhanced duties apply.

The IoL agrees that amendments to the Rules are necessary and stresses the importance of a framework that is accessible, proportionate and workable for a wide range of organisations. It notes that section 11 applications may involve multiple parties and may arise in time‑critical circumstances, particularly ahead of major events. To support this, the IoL suggests adding a requirement within Rule 22(2B) for applicants to set out any reasons why a matter needs urgent determination. It highlights scenarios where the SIA may indicate that premises could be treated as enhanced duty premises, creating a need for swift clarification.

The IoL strongly supports disapplying the standard 28‑day appeal deadline under Rule 22, arguing that the appeal‑based timeframe is incompatible with section 11. Applications may need to be made at any point before or during an event, and the IoL describes the proposed Rule 22(2B) as a pragmatic way to ensure parties are not forced to frame their applications as appeals simply to fit existing procedural rules.

The organisation also encourages the Tribunal to make clear—through guidance or a Practice Direction—that its existing case‑management powers under Rule 5 and its ability to determine matters without a hearing under Rule 32 should be used flexibly where urgent, event‑related applications arise. To improve accessibility for smaller organisations, voluntary bodies and community venues, the IoL recommends developing a standard application form, guidance notes and model case‑management directions.