Does Martyn's Law apply to my venue? How to count your capacity

The short answer

Martyn's Law (the Terrorism (Protection of Premises) Act 2025) applies to your venue if all of these are true:

1. It's a building, or a building with land around it, that the public can get into (including by ticket, booking or membership).
2. It's used for one of the listed purposes, such as a pub, bar, restaurant, hotel, shop, sports ground, place of worship, community hall, entertainment or leisure venue.
3. It's reasonable to expect 200 or more people to be there at the same time, from time to time.

If you reach 200, you're in the standard tier. If you can reasonably expect 800 or more, you're in the enhanced tier, which has much bigger duties. Under 200, the law doesn't apply to you, although having a simple plan is still good practice.

Who counts towards your 200?

This is where most venue owners get caught out. The number isn't just customers sitting inside. The official guidance says you count everyone reasonably expected to be there at once, and that includes:

• Customers and guests: everyone in the bar, restaurant, function room or hall.
• Staff: bar staff, kitchen team, door staff, managers and anyone working on shift. Volunteers count too.
• People in outside areas you control: beer gardens, terraces, car park events, marquees and grounds used for the venue's activity.
• Performers and contractors: bands, DJs, caterers and anyone else working at an event.

Outdoor space is the big one for pubs. The law covers "premises", which means buildings and the land that goes with them. A pub that seats 120 inside can easily have another 100 people in the garden on a sunny Saturday, plus 10 staff. That's over 200.

What does "from time to time" mean?

You don't have to be busy every day to be in scope. The guidance says "from time to time" means occasionally, and covers predictable peaks. If you can reasonably expect 200 or more people on your busy days, you're likely in scope even if a normal Tuesday is quiet.

Think about your realistic busiest times:

• Match days and big sporting events on the screens
• Live music, quiz nights and DJ nights
• Bank holidays and sunny summer weekends
• Christmas parties and New Year's Eve
• Weddings, wakes, christenings and private parties
• Beer festivals, fêtes, fundraisers and open days

A genuinely unexpected one-off crowd doesn't necessarily bring you into scope. But surges you can plan for, like a big match or your annual beer festival, do count.

How to work out your number: three practical methods

The law doesn't fix one method. What matters is that your figure is reasonable and that you can show how you got it if the regulator, the Security Industry Authority (SIA), asks. These are sensible approaches:

1. Use your fire risk assessment

Your fire risk assessment may already include a maximum occupancy figure for each area. It's a good starting point, but check it includes outside areas and staff. Bear in mind that a fire safety maximum is about safe evacuation, not necessarily how many people actually turn up.

2. Use your real figures from busy days

Tickets sold, bookings, covers, till transactions per hour, wristbands, or a head count on your busiest night all give you real evidence. For a pub, counting heads at the peak of a big match or a summer Saturday is simple and convincing.

3. Use floor space

For standing areas, venues often estimate people per square metre. Measure your bar, garden and function room, then work out a realistic figure for a busy night. Be honest: if you regularly pack the garden, count it.

Worked example: a village pub

This pub would be in the standard tier. It only goes over 200 on busy days, but those days are predictable, so it counts.

What if I'm close to 200?

If your honest number is around 180 to 220, it's worth taking it seriously. Things that can tip you over include a function room booking at the same time as a busy bar, a sunny bank holiday, or a big screen event.

You can't simply decide to count low. But you can manage your peak: for example, limiting numbers at an event with tickets or timed entry. If you do that, record how you do it and stick to it.

Is my type of venue covered?

Most venues that the public can visit are covered if they hit the numbers, including:

• Pubs, bars and restaurants
• Village halls and community centres
• Sports clubs and clubhouses
• Wedding and events venues
• Churches and places of worship
• Hotels
• Shops, gyms, cinemas, theatres, museums, libraries and leisure centres

Members' clubs aren't automatically excluded just because you need to be a member to get in. Places of worship and most schools always stay in the standard tier, even if they can expect 800 or more.

What to do next

If you're in the standard tier, the duties are simple and mostly about planning and people, not equipment:

1. Notify the SIA about the premises and who the responsible person is (see how to notify the SIA).
2. Have four procedures: evacuation, invacuation, lockdown and communication (see our procedures template guide).
3. Make sure your staff know what to do.

The duties are expected to start in spring 2027. Doing your count now gives you time to get the rest sorted calmly.