Which Martyn’s Law tier are you in?
The test is how many people it is reasonable to expect in your premises at the same time, from time to time — staff, performers and contractors included.
Premises are in the standard tier if it is reasonable to expect 200 to 799 people present at the same time, and in the enhanced tier at 800 or more. Schools, childcare settings and places of worship stay in the standard tier however large they are. Below 200, the Act does not apply to the premises.
How do you work out your tier?
- Is it a building (or buildings with land) the public can get into? Offices and private workplaces with no public access are not in scope.
- Is its main use one of the uses listed in Schedule 1 of the Act? Shops, pubs, restaurants, entertainment venues, hotels, places of worship, sports venues, visitor attractions, community halls and education settings are among them.
- Is it reasonable to expect 200 or more people there at the same time, from time to time? Your regular busy nights and seasonal peaks count. A one-off surprise crowd does not.
If the building has more than one use — a hall with a café, a park with a club — the Home Office’s principal-use rules decide who is responsible and which use counts. The SIA says an online scope tool will be available in the new year.
| Expected at once | Tier | What you need |
|---|---|---|
| Fewer than 200 | Not in scope | Nothing under the Act |
| 200–799 | Standard | Notify the SIA; evacuation, invacuation, lockdown and communication procedures |
| 800+ | Enhanced | The standard duties plus public protection measures, a designated senior individual and a document for the SIA |
| 800+ school, nursery or place of worship | Standard | Standard duties only |
What does that look like for real venues?
Village pub, 90 covers plus a function room for 120. On a wedding or a quiz-and-curry night with the bar full, 200+ is a reasonable expectation, including staff. Standard tier.
Chapel seating 250. Full at funerals and at Christmas. Standard tier, and it stays standard even if it could hold 900.
Village hall, capacity 180. If the licence and layout mean 200 is never reasonable, not in scope — keep a note of why.
Holiday park entertainment complex holding 600 on a summer Saturday. Standard tier for that building, even if the whole park has thousands of guests spread across it. See holiday parks.
Events venue licensed for 1,000. Enhanced tier. See enhanced tier and events.
These are illustrations, not rulings. The SIA’s guidance on its role as regulator and the Home Office’s statutory guidance are the sources to check against.
Want a second pair of eyes on it?
Send the venue type, the most people you would expect in at once, and how many sites you run. We will tell you which tier you look to be in and whether the free route is enough before quoting anything.
Common questions
Do staff count towards the 200?
Yes. The figure is everyone it is reasonable to expect present at the same time, including staff, volunteers, performers and contractors.
Does my fire safety capacity decide the tier?
Not on its own. Capacity is a good starting point, but the test is how many people you reasonably expect at your busiest normal times. Record how you reached your figure.
Are offices in scope?
Premises without public access, such as ordinary offices, are not in scope.