Martyn's Law standard tier vs enhanced tier, explained

The two tiers at a glance

In the Act, these are called "standard duty premises" and "enhanced duty premises". Most people just say standard tier and enhanced tier.

Standard tier: 200 to 799 people

The standard tier is designed to be simple and low-cost. The government's aim is better preparedness, not expensive security kit. If you're in the standard tier, you need to:

1. Notify the SIA

Tell the Security Industry Authority (SIA), the regulator, about your premises and who the responsible person is. You also tell them if that changes. The SIA is building an online portal for this. Read more in how to notify the SIA.

2. Have public protection procedures

So far as is reasonably practicable, you must have procedures in place that your staff could follow if there was an attack at or near your venue. There are four:

• Evacuation: getting people out and away from danger.
• Invacuation: bringing people inside, or to a safer part of the building, away from a danger outside. See what is invacuation?
• Lockdown: securing the building to stop people getting in or moving through. See our lockdown procedure guide.
• Communication: warning and instructing people, and calling for help.

3. Make sure staff know them

The statutory guidance says the responsible person should be confident the procedures can be put into action quickly and effectively, which includes making sure staff are aware of them and how to carry them out.

Enhanced tier: 800 or more people

Enhanced tier venues do everything the standard tier does, plus considerably more:

• Public protection measures: so far as reasonably practicable, measures to reduce both how vulnerable the venue is to an attack and the risk of harm if one happens. The Act groups these around monitoring the premises, controlling the movement of people, physical safety and security, and the security of information.
• A document for the SIA: setting out the procedures and measures and how they reduce the risk, kept up to date and sent to the SIA.
• A designated senior individual: if the responsible person is a company or organisation, they must name a senior person responsible for making sure the duties are met.

Enhanced tier venues should expect to spend real time, and often money, getting ready. Specialist security advice is usually sensible.

Qualifying events

Events can also be caught by the enhanced tier rules, even at a venue that's normally standard tier or not in scope at all. An event is a "qualifying event" if it meets all of these:

1. It takes place at premises that aren't already enhanced tier.
2. The public can attend (a private, invitation-only event isn't public).
3. It's reasonable to expect 800 or more people there at the same time at some point, including staff.
4. People need to pass an entry check to get in, such as a ticket, wristband, pass or paying on the gate.
5. It isn't at excluded premises.

So a pub that runs a ticketed beer festival for 1,000 people in its field could be running a qualifying event, with enhanced tier duties for that event. Timed entry that keeps numbers below 800 at any one time means it wouldn't qualify.

Special cases: places of worship and schools

Places of worship, childcare settings, and primary, secondary and further education settings always stay in the standard tier if they reach 200, even when 800 or more people could be there. Universities are treated like other premises and can be enhanced tier.

This means a large church or cathedral holding 1,000 people for a Christmas service still has standard tier duties for its normal use.

How to tell which tier you're in

Work out the most people you can reasonably expect at the same time, including staff and outdoor areas, at your realistic busiest. Our step-by-step guide, does Martyn's Law apply to my venue?, shows you how to count, or use the free checker.

• Under 200: not in scope.
• 200 to 799: standard tier.
• 800 or more: enhanced tier (unless you're a place of worship, school or childcare setting).

Penalties by tier

The SIA has said it will take a "support first" approach, helping venues to comply before using formal enforcement. But it does have powers, including compliance notices and penalties. For the standard tier the maximum fixed penalty is £10,000. For the enhanced tier and qualifying events, it's £18 million or 5% of worldwide revenue, whichever is higher. Daily penalties can also apply if a notice isn't complied with. More detail: Martyn's Law penalties.