Does Martyn’s Law apply to my venue?

Martyn’s Law applies to premises where there is a reasonable expectation that 200 or more people may be present at the same time, including staff. Here is how to work out your number.

4 minute read · Facts last checked 6 November 2026

The test

It is not your licence figure or your seating. The question is whether 200 or more people could reasonably be on the premises at the same time. Count customers and everyone working, including volunteers, performers and contractors.

Under 200: the Act’s duties do not apply
200 to 799: standard tier
800 or more: enhanced tier

Ways to work out your number

Fire safety occupancyThe safe occupancy in your fire risk assessment is the most common starting point.
Your own recordsTicket sales, door counts or your busiest nights of the year.
Another justified methodFloor area calculations or a reasoned estimate, written down so you can explain it.

Write down the number and how you reached it. You will need both when you notify the SIA.

Things that catch venues out

Beer gardens, terraces and car parks you use for customers can count as part of the premises
Function rooms and private hires add people on busy nights
Staff count towards the 200
A building shared with another business may need you to co-ordinate with them

Questions people ask

We only hit 200 a few times a year. Are we in scope?

If it is reasonable to expect 200 at the same time, the Act applies, even if it only happens on your busiest nights.

Are any premises excluded?

Some types of premises are treated differently and places of worship and certain education settings have specific rules. Use the free checker or ProtectUK’s flowcharts to check your case.

What if I am close to 200?

Work the number out carefully and keep your reasoning. If in doubt, having simple procedures in place is low-cost and protects your customers anyway.

Sources

This guide is general information to help you prepare. It is not legal advice.