Martyn's Law for tenanted pubs: who's the responsible person?
In a pub, the owner, the pub company, the premises licence holder and the person running it day to day can all be different. Martyn's Law puts the duties on one "responsible person", so it's worth agreeing early who that is.
What is the responsible person?
Under Martyn's Law, the responsible person is the individual, organisation or company in control of the premises for its main use: in a pub's case, running it as a pub. It isn't automatically the owner of the building.
The responsible person is the one who must notify the SIA, make sure the procedures are in place and make sure staff know them. The statutory guidance says control could, for example, be held by a leaseholder or a licence holder.
What the official guidance says about pubs
The Home Office statutory guidance includes an example of a pub that's owned by a large brewery and leased to a tenant, where the brewery holds the premises licence. In that example, the guidance says the responsible person is the brewery.
The key point is control. Who holds the licence is one of the strongest signs of who has control, but your agreement matters too. Different pub models can give different answers.
Take the free 3-tap check. It takes about 20 seconds and tells you which tier you're likely to be in.
Common pub models and the likely answer
| Pub model | Who's likely to be the responsible person | What to check |
|---|---|---|
| Managed house (pub company employs the manager) | The pub company | Usually clear-cut: the company is in control |
| Tenancy or lease where the pub company or brewery holds the premises licence | Likely the pub company or brewery, in line with the guidance example | Who holds the premises licence, and what your agreement says about control |
| Free-of-tie lease, or a lease where the tenant's business holds the premises licence | Likely the tenant's business | The premises licence holder and your lease terms |
| Freehouse (owner runs it) | The owner's business | Straightforward |
| Management agreement or franchise | Depends on who has control | Your agreement, and who holds the licence |
Why it matters for the person behind the bar
Even when the pub company is the responsible person, the plan only works if the people running the pub every day know it. In practice, the pub company will often expect tenants and managers to:
- Give accurate capacity numbers, including the beer garden and staff
- Help write procedures that fit the actual building
- Brief staff and keep records of who's read the plan
- Tell them about changes, like a new garden, a function room or bigger events
And if the tenant is the responsible person, they'll want the pub company's co-operation, for example permission to change locks or doors, or information about the building. The guidance expects people with some control over premises to co-operate.
Questions to ask your pub company
- Who do you consider to be the responsible person for this pub under Martyn's Law?
- Who will notify the SIA, and when?
- Do you have a standard procedures template, or should we write our own?
- What records do you want us to keep about staff briefings?
- Who do we tell if our capacity changes, for example a new garden or events?
Get the answers in writing. An email is fine. If there's a dispute later, it shows you asked.
Function rooms, events and hire
If you hire out your function room for parties, wakes or meetings, the responsible person normally stays the same. You should explain your procedures to the hirer and set out what you expect in your hire terms. A big public event with tickets for 800 or more people can be a "qualifying event" with enhanced tier duties. See standard vs enhanced tier.
What to do now
- Work out your number, including the garden and staff. See does Martyn's Law apply to my venue?
- Check who holds your premises licence and what your agreement says about control.
- Ask your pub company the questions above.
- Whoever is responsible, get the four procedures written and your team briefed. See our procedures template guide.
Read more: Martyn's Law for pubs.
Frequently asked questions
Who is responsible for Martyn's Law in a tenanted pub?
The responsible person is whoever is in control of the pub for its use as a pub. The statutory guidance gives an example where a brewery leases a pub to a tenant but holds the premises licence, and says the brewery is the responsible person. Check who holds your licence and what your agreement says.
Is the licensee the responsible person for Martyn's Law?
Not automatically. The responsible person is whoever has control of the premises. Holding the premises licence is a strong indicator, but it depends on your arrangement.
Does a managed pub's manager have to notify the SIA?
Usually not. In a managed house, the pub company is normally in control and would be the responsible person.
Do tenants still need to brief staff if the brewery is responsible?
In practice, yes. Procedures only work if the people running the pub every day know them, so expect the pub company to ask tenants and managers to brief staff and keep records.
Related guides
This guide is general information, not legal advice. VenuePlan is not affiliated with the Home Office or the Security Industry Authority. For the official position, read the Terrorism (Protection of Premises) Act 2025 guidance on GOV.UK and the SIA's Martyn's Law pages.