Christmas markets & public safety — key legal duties for organisers & retailers

The tragic vehicle attack at Magdeburg Christmas Market in 2024 that killed six and injured hundreds has forced a fundamental rethink of security at festive events. Christmas markets are a cherished tradition across the UK and Europe, attracting millions each year — but the health and safety of both staff and attendees is now a more critical concern than ever. 

Beyond the familiar requirements of health and fire safety legislation, organisers and retail operators must also prepare for new obligations under Martyn’s Law which will reshape how publicly accessible events manage the risk of terrorism.

Here, Sadie Thomson and Esme Steiger explore safety considerations around Christmas markets and New Year’s Eve celebrations and outline practical steps for organisations and councils to protect the public and comply with relevant safety legislation.

Health & fire safety obligations 

What key obligations should you be aware of? 

The Health and Safety at Work Act 1974 is the primary piece of health and safety legislation in England and Wales. 

It places the following key duties on employers and employees:

• Employers must ensure the health, safety and welfare of all employees.
• Employers must ensure the health, safety and welfare of persons not in their employment, including members of the public.
• Employees must take reasonable care for their own health and safety and that of others affected by their work. 

The Regulatory Reform (Fire Safety) Order 2005 is the main fire safety legislation in England and Wales. It applies to all non-domestic premises — including shops and bars — and requires those in control to implement measures to reduce fire risk and carry out fire risk assessments.

How does it apply to Christmas markets? 

Christmas markets present unique challenges — temporary structures, quickly assembled electrical equipment and seasonal staff with limited training. These factors increase risks around fire safety and general health and safety compliance. 

What should you do? 

To ensure compliance with legal obligations and protect visitors, organisers should take these practical steps: 

1. Fire control measures & risk assessments — review risk regularly and ensure that firefighting equipment is accessible, especially where wooden structures are used.
2. Evacuation procedures — provide clear, well-communicated escape routes and ensure proper staff training for emergencies.
3. Electric safety — use certified equipment, avoid overloading circuits and carry out regular inspections of decorative lights and appliances.
4. Capacity control — prevent overcrowding through one-way systems, monitored entry points and ticketing where appropriate.
5. Slips, trips & falls — keep walkways free from hazards such as wires and decorations, level uneven surfaces and use non-slip mats in wet weather. 

Martyn’s Law 

What is Martyn’s Law?

Martyn’s Law (the Act) — formally the Terrorism (Protection of Premises) Act 2025 — aims to improve public safety by requiring better preparedness for and protection from terrorist attacks. It received Royal Assent on 3 April 2025 and has an implementation period of at least 24 months with detailed Home Office guidance expected during this period.

The Act applies to publicly accessible premises with a capacity of 200 or more people or events with a capacity of 800 people or more. Qualifying premises and events like shops, restaurants and bars will fall under either a standard or enhanced tier with obligations that vary based on their size. 

Does Martyn’s Law apply to Christmas markets?

Whether the Act applies to festive events depends on various factors including capacity, layout and whether areas are enclosed or ticketed. Premise owners and event organisers should review their layouts and visitor numbers early to determine their obligations under the Act. 

Many Christmas markets feature large, covered bars and seating areas. As the Act covers ‘buildings and other land’ — even if large seating areas are outside of the main bar area — the legislation is likely to apply. Large-scale ticketed events like Hyde Park’s Winter Wonderland exceed the 800-person threshold and will fall within the enhanced tier.

What should you do? 

The underlying principle of the Act is to protect people from harm. If you’re unsure whether it applies, assume it might and take steps to prepare. 

Once you’ve confirmed applicability, consider these key actions to strengthen safety and compliance: 

1. Risk assessments — regularly review to identify potential threats and vulnerabilities and implement controls to reduce risk.
2. Policies — ensure that policies cover evacuation, invacuation and lockdown procedures in the event of an attack.
3. Staff training — ensure that staff are fully trained, aware of the emergency procedures and understand their role in enforcing them.
4. Physical measures — where appropriate, install barriers, arrange secure entry points, use hostile vehicle mitigation and arrange additional security for busier days.
5. Crowd management — consider one-way systems. 

6. Technology — invest in CCTV systems and communication tools. 

    

Talk to us 

If you’re looking for guidance on the completion of risk assessments, the development of bespoke security plans or the training of staff, our experienced regulatory solicitors can help.

We offer practical training and guidance, a rapid response incident management service in the event of a crisis and full support to clients dealing with investigation or enforcement action from regulators.

Our retail specialists — who recently held the Future of Retail: Risk & Resilience Conference covering Martyn’s Law as well as wider challenges facing the sector — are well placed to advise organisations operating in both event and retail settings.

Talk to us by giving us a call on 0333 004 4488, sending us an email at hello@brabners.com or completing our contact form below.