Consultation on Martyn’s Law - Terrorism (Protection of Premises) Bill - Standard Tier Government consultation CaH 12 03 24
Renfrewshire Council · 12 March 2024
Back to Communities and Housing Policy Board — 12 March 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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___________________________________________________________________ To: Communities and Housing Policy Board On: 12 March 2024 ___________________________________________________________________ Report by: Director of Environment, Housing & Infrastructure ___________________________________________________________________ Heading: Consultation on Martyn’s Law - Terrorism (Protection of Premises) Bill - Standard Tier Government consultation ___________________________________________________________________ 1. Summary 1.1 Martyn's Law is a proposed piece of legislation aimed at enhancing security measures at public venues and spaces in the United Kingdom. The law is named after Martyn Hett, one of the victims of the Manchester Arena bombing in May 2017. Martyn's Law campaign was spearheaded by Martyn's mother, Figen Murray, who has been advocating for improved security standards at public venues to prevent similar tragedies. 1.2 A consultation on the proposed legislation was carried out in 2021 and significant feedback was received on the application of the proposals in relation to standard tier premises, which are premises with capacity of 100 - 799 individuals. In response to this feedback the Government has reviewed the approach to the Standard Tier, proposing changes to the requirements to ensure that they are proportionate and clear. 1.3 In February 2024, the UK Government launched a consultation to ensure the public can share their views on these proposals for the Standard Tier, which will support policy decisions prior to the legislation’s introduction to Parliament. 1.4 This consultation is solely focussed on the requirements proposed in relation to standard tier premises. This consultation began on 5 February 2024 and will end on 18 March 2024. The link to the UK Government consultation document is - https://assets.publishing.service.gov.uk/media/65c0dcd3c4319100141a456e/0 5.02.24_Martyn_s_Law_Standard_Tier_Consultation_.pdf and the proposed response to the consultation from Renfrewshire Council is attached as appendix 1 to this report. 1.5 The Council are responding to this consultation as an organisation who have venues which fall within the highlighted category. ___________________________________________________________________
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2. Recommendations It is recommended that the Board: 2.1 Approves the proposed consultation response from Renfrewshire Council as detailed within Appendix 1, and 2.2 Notes that any further progress with the legislation and associated implementation will be reported through the Service Update reports to the Board. _________________________________________________________ 3. Background 3.1 The core principle of Martyn's Law is to make it mandatory for public venues and spaces to assess and improve their security measures to mitigate the risk of terrorist attacks. This includes implementing measures such as bag checks, metal detectors, CCTV cameras, staff training in emergency response procedures, and collaboration with law enforcement agencies. 3.2 The proposed Terrorism (Protection of Premises) Bill aims to ensure that venues and spaces across the UK have appropriate security measures in place, thereby enhancing public safety and resilience against potential threats. While specific details of the legislation are still being developed, the overarching goal remains to prevent future terrorist attacks and protect the public in crowded spaces. 3.3 The proposals set out different requirements for i) Standard Tier premises, which would have a capacity of 100-799 individuals, and ii) Enhanced Tier premises and qualifying public events, both of which have a capacity of 800 individuals or more. 3.4 To ensure this legislation can meaningfully enhance public safety whilst remaining proportionate, the UK Government requested the Home Affairs Select Committee (HASC) conduct pre-legislative scrutiny of the published draft Bill. Evidence sessions were completed in June 2023 and a report was produced by HASC on 27 July 2023 scrutinising the proposed measures. Throughout the scrutiny period, and over the summer, the UK Government have continued to engage directly with stakeholders across a variety of sectors, presenting an overview of the proposed legislation, supporting understanding, and seeking feedback on proposals. 3.5 The UK Government has considered feedback provided as part of HASC’s pre legislative scrutiny process, as well as engagement from across the sectors within scope of the proposed Bill. Significant feedback was received on the Terrorism (Protection of Premises) Bill - Standard Tier Consultation 3 application of the proposals in relation to smaller premises (with capacity of 100 to 799 individuals). 3.6 It is now proposed that Standard Tier premises must: • Notify the regulator that they are, or have become, responsible for premises within the scope of the Bill (and so subject to the relevant requirements),
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• 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. • Ensure employees will are sufficiently instructed or trained to carry out associated procedures efficiently. 3.7 Officers have completed a draft response to the current consultation which is attached at appendix 1 for the Board’s consideration. ___________________________________________________________________ Implications of the Report 1. Financial – None 2. HR & Organisational Development – None. 3. Community/Council Planning – None 4. Legal – None. 5. Property/Assets – None. 6. Information Technology – None. 7. Equality & Human Rights – (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety – None. 9. Procurement – None. 10. Risk – None. 11. Privacy Impact – None. 12. COSLA Policy Position – N/A. 13. Climate Risk – N/A. _________________________________________________________ List of Background Papers (a) None ___________________________________________________________________ Author: Gwyneth Heaney, Climate and Public Protection Manager Email: Gwyneth.heaney@renfrewshire.gov.uk
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Appendix 1 Renfrewshire Council response to the Martyn’s Law - Terrorism (Protection of Premises) Bill -Standard Tier Government consultation Full consultation can be viewed at: https://assets.publishing.service.gov.uk/media/65c0dcd3c4319100141a456e/05.02.24_Martyn_s_Law_Standard_Tier _Consultation_.pdf Renfrewshire Council Consultation response QA. Which of the following best describes you or your organisation? Please cross or highlight one box only and then go to the specified question. 1 ☒ I own or operate premises Go to QB 2 ☐ I own or operate an event Go to QB 3 ☐ I am responsible for security at premises or events Go to QB 4 ☐ I work at a premises or event in scope, but do not own or operate it Go to QE 5 ☐ I am a security consultant Go to QB 6 ☐ I am an interested member of the public Go to QG 98 ☐ Other Go to QG 99 ☐ Don’t know Go to QG 97 ☐ I prefer not to say Go to QG Section 1: Information about you and your organisation
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QB. Do you own and/or operate any premises that would fall within the Standard Tier? Please cross or highlight one box only and then go to the specified question. 1 ☒ Yes Read the following information box and then go to QC 2 ☐ No Read the following information box and then go to QC 99 ☐ Don’t know Read the information box below and then go to QC 3 ☐ I don’t own or operate any premises Read the following information box and then go to QE To be in scope for Standard Tier: Premises and events must be accessible to the public. Premises must be used for a purpose listed in the Bill (e.g. entertainment and leisure, retail, food and drink). Have a capacity of 100-799 individuals.
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QC. IF YOU ANSWERED ‘YES’ AT QB: What is the estimated capacity of your Standard Tier premises based on capacity calculations you already have in place? IF YOU ANSWERED ‘NO’ OR ‘DON’T KNOW’ AT QB: What is the estimated capacity of your premises based on capacity calculations you already have in place? If you own or operate multiple premises, please provide an answer based on your typical capacity size. Please cross or highlight one box only and then go to QD. 1 ☐ Less than 100 2 ☐ 100-199 3 ☐ 200-299 4 ☐ 300-399 5 ☐ 400-499 6 ☐ 500-599 7 ☐ 600-699 8 ☐ 700-799 9 ☒ 800 or more (i.e. Enhanced Tier premises) 99 ☐ Don’t know 11 ☐ Not calculated presently 12 ☐ I don’t own or operate any premises • If you own or operate multiple premises, please answer the questions in the rest of this survey by reference to one particular Standard Tier site.
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QD. IF YOU ANSWERED ‘YES’ AT QB: How many people work for you or your organisation (whether paid or not) at your chosen Standard Tier site (in relation to which you are answering this survey)? IF YOU ANSWERED ‘NO’ OR ‘DON’T KNOW’ AT QB: How many people work for you or your organisation (whether paid or not)? If you own or operate multiple premises, please provide an answer based on your typical capacity size. Please cross or highlight one box only and then go to QE. 1 ☐ Zero 2 ☐ 1-4 3 ☐ 5-9 4 ☐ 10-24 5 ☐ 25-49 6 ☐ 50-99 7 ☐ 100-199 8 ☐ 200-399 9 ☐ 400-499 10 ☒ 500 or more 11 ☐ I don’t own or operate any premises 99 ☐ Don’t know
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QE. Which of the following best describes the nature of your organisation? Please cross or highlight one box only and then go to QF. 1 ☐ Company 2 ☐ Sole trader 3 ☐ Partnership 4 ☐ Not for profit 5 ☒ Local government 6 ☐ Unincorporated association 98 ☐ Other Please specify in the box below 99 ☐ Don’t know 97 ☐ Prefer not to say
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QF. In which of the following sectors do you or your organisation primarily operate? Please cross or highlight one box only and then go to QG. 1 ☐ Retail, e.g. stores or shopping centres 2 ☐ Hospitality and nightlife, e.g. bars, pubs, restaurants, cafés, nightclubs and other public clubs 3 ☐ Entertainment, e.g. theatres, cinemas, and concert halls and arenas 4 ☐ Sports grounds 5 ☐ Recreation and leisure, e.g. public sports/leisure centres, ice rinks and gyms 6 ☐ Public libraries, museums and galleries 7 ☐ Public conference centres, exhibition halls and other venues for hire 8 ☐ Visitor attractions 9 ☐ Hotels, holiday parks and similar holiday accommodation 10 ☐ Places of worship 11 ☐ Healthcare 12 ☐ Education and childcare 13 ☐ Public transport, including trains stations, ports and airports 14 ☒ Public services and facilities 15 ☐ Village hall/community centre 98 ☐ Other sector 99 ☐ Don’t know 97 ☐ Not applicable
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QG. In which part of the UK are you based? Please cross or highlight one box only and then go to Section 2. 1 ☐ North East 2 ☐ North West 3 ☐ Yorkshire and the Humber 4 ☐ East Midlands 5 ☐ West Midlands 6 ☐ East of England 7 ☐ South East exc. London 8 ☐ London 9 ☐ South West 10 ☒ Scotland 11 ☐ Wales 12 ☐ Northern Ireland 13 ☐ I’m not based in the UK
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Q1. To what extent do you agree or disagree that those responsible for premises within the Standard Tier should have a legal obligation to be prepared for a terrorist attack? Please cross or highlight one box only and then go to the specified question. 1 ☒ Strongly agree Go to the information above Q2 2 ☐ Agree Go to the information above Q2 3 ☐ Neither agree nor disagree Go to the information above Q2 4 ☐ Disagree Go to Q1a 5 ☐ Strongly disagree Go to Q1a 99 ☐ Don’t know Go to the information above Q2 Section 2: Your views on the proposed Standard Tier • Thank you for your responses so far. The next section of this survey is about the proposed Standard Tier • The current threat picture is complex, evolving, and enduring, with terrorists choosing to attack a broad range of locations. Martyn’s Law will ensure premises in the UK are better prepared for and protected from terrorist attacks, therefore reducing their impact. • The UK Government’s view is that the Standard Tier will drive good preparedness outcomes. Th ibl f S d d Ti i ill b i d d k i l
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Q1a. Which of the following best describes why you disagree that those responsible for premises within the Standard Tier should have a legal obligation to be prepared for a terrorist attack? Please cross or highlight one box only and then go to the information above Q2. 1 ☐ I believe it is only for the Government to be prepared to reduce the impact of terrorism 2 ☐ I don’t believe the obligation should be legal 3 ☐ I believe only larger premises should have a legal obligation 4 ☐ I don’t believe that premises of any size should have a legal obligation 5 ☐ I don’t believe that there should be any responsibility for premises to be prepared for a terrorist attack 98 ☐ Other Please specify in the box below 99 ☐ Don’t know
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Q2. To what extent do you agree or disagree that ‘the revised requirements for the Standard Tier are more appropriate for the broad spectrum of premises in scope, as outlined at paragraph 18 (e.g. village halls to a 799-seater theatre), than the previous requirements outlined in the Draft May 2023 Bill’ (key changes outlined at paragraphs 40 and 41)? Please cross or highlight one box only and then go to the specified question. 1 ☒ Strongly agree Go to Q2a 2 ☐ Agree Go to Q2a 3 ☐ Neither agree nor disagree Go to Q3 4 ☐ Disagree Go to Q2b 5 ☐ Strongly disagree Go to Q2b 99 ☐ Don’t know Go to Q3 • As outlined in paragraph 18, we (the UK Home Office) have revised the requirements in the Standard Tier. Those responsible for Standard Tier premises will be required to have in place reasonably practicable procedures to follow in the event of an attack. We have also removed the requirement for specific terrorism protection training. Instead, training or instruction will be what is sufficient and appropriate to ensure procedures are effectively in place in light of their circumstances and that staff are aware of the actions to take and protocols to follow in the event of an attack. Guidance will assist those responsible for standard duty premises.
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Q2a. Why do you agree that the revised requirements are more appropriate than the previous requirements? Please cross or highlight all boxes that apply and then go to Q3. 1 ☐ I think the proposed changes make the Standard Tier clearer 2 ☒ I think the proposed changes remove unnecessary administrative burden for small premises 3 ☒ I think the proposed changes are more appropriate for the broad spectrum of organisations in scope 4 ☒ I think the proposed changes will be more proportionate for businesses 98 ☐ Other Please specify in the box below 99 ☐ Don’t know
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Q2b. Why do you disagree that the revised requirements are more appropriate than the previous requirements? Please cross or highlight all boxes that apply and then go to Q3. 1 ☐ I don’t think the proposed changes make the Standard Tier clearer 2 ☐ I don’t think the proposed changes go far enough to remove unnecessary burdens for small premises 3 ☐ I don’t think the proposed changes are more appropriate for the broad spectrum of organisations in scope 4 ☐ I don’t think the proposed changes will be more proportionate for businesses 98 ☐ Other Please specify in the box below 99 ☐ Don’t know Q3. How successful, if at all, do you think the revised Standard Tier requirements will be at improving feelings of safety for staff and visitors at premises within the Standard Tier? Please cross or highlight one box only and then go to the specified question. 1 ☐ Very successful Go to Q4 2 ☒ Moderately successful Go to Q4 3 ☐ Slightly successful Go to Q3a 4 ☐ Not at all successful Go to Q3a 99 ☐ Don’t know Go to Q4
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Q3a. Why do you think the Standard Tier requirements will not be or will only be slightly successful at improving feelings of safety for staff and visitors at premises within the Standard Tier? Please cross or highlight one box only and then go to Q4. 1 ☐ Premises already do the things that the Standard Tier would now require 2 ☐ I don’t think the revised requirements will have any positive impact 3 ☐ I think other things are required to improve feelings of safety for staff and visitors 98 ☐ Other Please specify in the box below 99 ☐ Don’t know Q4. How easy or difficult do you think it will be for those responsible for Standard Tier premises to take forward the revised requirements (outlined in paragraph 18)? Please cross or highlight one box only and then go to the specified question. 1 ☐ Very easy Go to Q5 2 ☐ Easy Go to Q5 3 ☒ Neither difficult nor easy Go to Q5 4 ☐ Difficult Go to Q4a 5 ☐ Very difficult Go to Q4a 99 ☐ Don’t know Go to Q5
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Q4a. Why do you think the revised requirements will be difficult for those responsible for Standard Tier premises to take forward? Please cross or highlight all boxes that apply and then go to Q5. 1 ☐ The requirements are too complicated to implement 2 ☐ The requirements are too burdensome (in terms of time/effort) to implement 3 ☐ The requirements are too costly to implement 98 ☐ Other Please specify in the box below 99 ☐ Don’t know Q5. What unintended consequences, if any, do you think could result from taking forward the revised Standard Tier requirements? Please write your answer below OR cross or highlight one box only and go to the next information box. 1 ☒ I don’t think there will be any unintended consequences 99 ☐ Don’t know
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• Information in this box relates to Q6, Q6a and Q7. • Q6 should only be answered by Standard Tier premises operators/owners excluding consultants – this applies if you answered with option 1, 2 or 3 at QA and option 1 at QB. Please read the following information and then answer Q6. • All others should read the information in this box and then go to Q7. • Following on from Impact Assessment detail in paragraphs 42-45, below is a summary of the costs of the Standard Tier of Martyn’s Law: • The Standard Tier has an estimated total cost of between £387 million and £1.63 billion with a central estimate of £860 million (PV/Present Value) over the full appraisal period of 10 years. This is an economic cost from working hours being taken up to complete counter- terrorism planning and training, with no financial burden on sites. For an individual site, it is estimated to cost between £160 and £525 per year, with a central estimate of £310 per year. This is likely an upper estimate, with the addition of a reasonably practicable test meaning that some sites will face reduced costs. For more information, you can read Annex A. Q6. How concerned, if at all, are you that the cost of meeting the Standard Tier requirements will affect your organisation’s financial ability to continue operating? Please cross or highlight one box only and then go to the specified question. 1 ☒ Not at all concerned Go to Q7 2 ☐ Slightly concerned Go to Q7 3 ☐ Somewhat concerned Go to 6a 4 ☐ Very concerned Go to Q6a 5 ☐ Extremely concerned Go to Q6a 99 ☐ Don’t know Go to Q7
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Q6a. You indicated that you're concerned about your organisation’s ability to meet the cost of Standard Tier requirements. Please help us understand your concerns by providing detail below. Please write your answer below and then go to Q7. 99 ☐ Don’t know Q7. Given this cost assessment, how would you think any costs of the Standard Tier should be met? Please cross or highlight one box only and then go to the information above Q8. 1 ☐ All the cost should be met by the customers of the premises where possible 2 ☐ Most of the cost should be met by customers of the premises 3 ☐ The costs should be shared equally by the premises owner/operator and the customers of the premises 4 ☒ Most of the cost should be absorbed by the premises owner/operator and only a minimum passed on to the customers 5 ☐ All of the cost should be absorbed by the premises owner/operator and none should be met by the customers of the premises 99 ☐ Don’t know
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Q8. Do you think the new approach to training places more or less burden on Standard Tier organisations compared to the previous approach (as outlined in paragraphs 40 and 41)? By “burden”, we mean any burden including financial, time, effort or other. Please cross or highlight one box only and then go to the specified question. 1 ☐ Much more burden with the new approach Go to Q8a 2 ☐ More Go to Q8a 3 ☐ About the same Go to the information above Q9 4 ☐ Less Go to the information above Q9 5 ☒ Much less burden with the new approach Go to the information above Q9 99 ☐ Don’t know Go to the information above Q9 • As outlined in paragraphs 29-32, the training expected as a result of the proposals is now limited to that which forms part of ensuring that there are effective procedural measures to reduce the risk of harm in the event of a terrorist attack. Workers must have sufficient awareness of what they need to do in the event of an attack, i.e. the procedure to be followed, for such measures to be in place. Organisations should ensure training is right for their specific needs and relevant to the roles of specific staff.
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Q8a. Why do you think there is more burden on Standard Tier organisations with the new approach compared to the previous approach? Please provide detail below. Please write your answer below OR cross or highlight one box only and then go to the information above Q9. 99 ☐ Don’t know • Q9 should only be answered by Standard Tier premises operators/owners or those who are security consultants or are responsible for security at premises or events – this applies if you answered with option 3 or 5 at QA or option 1 at QB. Please read the following information box and then answer Q9. • All others should go to Q10.
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Q9. We'd like to hear about any other procedures that could be utilised in Standard Tier premises were a terrorist attack to occur further to the above (i.e. other than evacuation, invacuation, lockdown and communications procedures). Please type them in the space below. Please write your answer below and then go to Q10. 99 ☒ As part of our existing business continuity plans Renfrewshire Council have in place “Council Security Threats Guidance”. As part of this there are existing arrangements in place to identify threats, as well as evacuation, invacuation and lockdown procedures • Standard Tier requirements will focus on procedures to be enacted in the event of an attack as set out at paragraph 22. These surround evacuation, invacuation, securing the premises and communicating with individuals on the premises. Security partners advise that consideration of these activities, in the event of an attack, will lead to the most relevant and effective actions to save lives. These procedures focus on activities that will help to keep people away from danger.
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Q10. Do you think the Standard Tier procedures in Martyn’s Law place more or less burden on Standard Tier premises compared to procedures for Health & Safety and Fire Safety? By “burden”, we mean any burden including financial, time, effort or other. Please cross or highlight one box only and then go to the specified question. 1 ☐ Much more burden in Martyn’s Law than for Health & Safety and Fire Safety Go to Q10a 2 ☐ More Go to Q10a 3 ☒ About the same Go to Q10b 4 ☐ Less Go to Q10c 5 ☐ Much less burden in Martyn’s Law than for Health & Safety and Fire Safety Go to Q10c 99 ☐ Don’t know Go to the information above Q11 Q10a. Why do you say that the Standard Tier procedures in Martyn’s Law will place more burden on Standard Tier premises compared to procedures for Health & Safety and Fire Safety? Please provide detail below. Please write your answer below OR cross or highlight one box only and then go to the information above Q11. 99 ☐ Don’t know
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Q10b. Why do you say that the Standard Tier procedures in Martyn’s Law will place about the same burden on Standard Tier premises compared to procedures for Health & Safety and Fire Safety? Please provide detail below. Please write your answer below and then go to the information above Q11. Through business continuity plans, local authorities already consider many of the elements covered within the standard tier procedures including identifying threats, invacuation,evacuation and lockdown procedures. Q10c. Why do you say that the Standard Tier procedures in Martyn’s Law will place less burden on Standard Tier premises compared to procedures for Health & Safety and Fire Safety? Please provide detail below. Please write your answer below and then go to the information above Q11.
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Q11. If volunteers work at your premises, who is responsible for planning Health & Safety and Fire Safety policies and procedures? Please cross or highlight one box only and then go to Q12. 1 ☒ Only paid employees are responsible 2 ☐ Volunteers are responsible in the same way as paid employees 3 ☐ Volunteers are responsible but not in the same way as paid employees 97 ☐ Not applicable – there are no volunteers working at my premises 99 ☐ Don’t know Q12. If volunteers work at your premises, what arrangements do you make for training on Health & Safety and Fire Safety? Please cross or highlight one box only and then go to the specified question. 1 ☐ Only paid employees complete mandatory training Go to the information box after Q12a 2 ☐ Volunteers are trained in the same manner as paid employees Go to the information box after Q12a 3 ☐ Volunteers undertake different training from paid employees Go to Q12a 97 ☒ Not applicable – there are no volunteers working at my premises Go to the information box after Q12a 99 ☐ Don’t know Go to the information box after Q12a • Q11 and Q12 should only be answered by Standard Tier premises operators/owners – this applies if you answered with option 1 at QB and any of options 2-8 at QC. • All others should go to the information box after Q12a.
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Q12a. How does training on Health & Safety and Fire Safety for volunteers differ, if at all, from that for paid employees? Please provide detail below. Please write your answer below OR cross or highlight one box only and then go to the information box below.