Summary
Do you, as a business, understand the meaning of trespass and the laws that apply in your region? Trespass implies an unwarranted or unlawful intrusion onto land or property.
In June 2024, Rishi Sunak was the victim of four men allegedly trespassing on his country estate in northern England, protesting against the fossil fuel industry and calling for a two-way arms embargo on Israel.
Trespassing is an often-underestimated threat to business premises. Still, it also poses significant risks and potential losses through violence and injury against staff, damage to property, theft of valuable assets, disruption of operations, and possible legal liabilities. While trespassing might seem minor, the repercussions for businesses can be severe. By understanding the scope of this threat, companies can better prepare and protect themselves against potential intrusions and consequences.
In May this year, the UK Home Office recently released its findings from the 2023 Commercial Victimisation Survey (CVS), which examines the extent of crime against businesses in England and Wales. The survey covers crime experienced by companies, the impacts of crime, and the experience, as well as perceptions of the police, crime prevention measures, and experiences of anti-social behaviour. Here is what we found:
- An estimated 26% (409,000) of all business premises in England and Wales were victims of crime during the previous 12 months, which shows no change compared with estimates from the 2022 CVS.
- The most prevalent offence type experienced by businesses was theft (14%), by burglary (including attempts), (8%), vandalism (8%), and assaults or threats against employees or customers (7%). The underlying thread of trespass ran through them all.
The Scope of Trespassing
Trespassing incidents are alarmingly common. Trespassers can range from vandals and thieves to individuals with no malicious intent, but the consequences can be severe regardless of the trespasser’s intent.
Financial Impact
The financial implications of trespassing are substantial. According to the Office of National Statistics, 63% of businesses within the UK experienced a moderate financial impact, a proportion similar to last year’s findings. Around a third (37%) of victims said it had no economic impact. These losses stem from direct damages, such as broken windows or graffiti, to indirect costs, like increased insurance premiums and security upgrades. The British Retail Consortium reported losses to UK businesses of £953 million with an additional cost of £722 million in deterrent measures. This figure is expected to rise in the coming years. This threat is not limited to purely retailers, according to the Chartered Institute of Building theft from construction sites costs the industry around £800 million.
Operational Disruptions
Trespassing or interference can cause significant operational disruptions. For instance, trespassers may damage critical infrastructure or equipment, leading to downtime and lost productivity. In some cases, businesses may need to halt operations temporarily to address security breaches or repair damages. During the Euros this year, a man dressed in black gained access to the rafters of the Westfalenstadion, the home of Borussia Dortmund, while England played Denmark, which led to an arrest by German special forces fearing a terrorist plot.
Legal and Liability Issues
Businesses can face legal and liability issues stemming from trespassing incidents. If a trespasser is injured on business property, the company may be liable for damages, depending on the circumstances and local laws. This can result in costly legal fees and settlements. Additionally, businesses must invest in legal counsel to navigate the complexities of liability and compliance, further increasing operational costs. A recent case concerning urban exploring has led to construction companies seeking injunctions to stop trespassing by those who feel they have a right to roam on other’s land or cranes, as the case may be.
What Preventive Measures Can Be Taken?
To mitigate the risks associated with trespassing, businesses should implement robust security measures. These include:
- Physical Barriers: Erecting fences, gates, and walls to deter unauthorised entry.
- Surveillance Systems: Installing cameras and alarm systems to monitor and alert of potential intrusions.
- Lighting: Ensuring adequate lighting around the premises to deter nighttime trespassers.
- Signage: Posting clear “No Trespassing” signs to deter potential intruders and establish legal grounds for prosecution.
- Access Control: Secure doors, windows, and gates with sturdy locks and limit access to authorised personnel only. Implement electronic key cards or keypad access systems to control who enters and exits the property.
- Employee Training: Educating employees on security protocols and encouraging vigilance.
- Community Awareness and Vigilance: Establishing relationships with neighbouring properties and communities to promote vigilance and report suspicious activities promptly to authorities.
- Regular Inspections and Maintenance: Conduct regular audits and inspections of fences, gates, and security systems to ensure they are in good working order. Promptly repairing any damage or weak points that could compromise security.
- Legal Measures: Familiarise yourself with the law. The rulings in Scotland differ from those in England and Wales. Dealing with trespassers while staying within the law is a delicate balance. Yes, you can use physical force to remove someone from your property, but it’s critical to tread carefully here. It should be ‘reasonable force’, a somewhat fluid term that morphs with the circumstances. Ensuring you know your rights will allow the appropriate legal action against trespassers when necessary.
Trespassing poses significant threats to business premises, resulting in financial losses, operational disruptions, and legal complications. By understanding the extent of these risks and implementing comprehensive security measures, businesses can better protect themselves from the adverse effects of trespassing. Proactive prevention and awareness are crucial to safeguarding business assets and ensuring a secure environment for operations.
Inverroy can help with Security Risk Management, Safety and Risk Management and Crisis and Continuity Management, enabling organisational resilience to keep your people, environment and reputation safe and secure.