Martyn's Law by premises type
Martyn's Law for Pubs and Bars
Where this is up to
It's law. Not in force yet. The SIA is already rehearsing.
The Terrorism (Protection of Premises) Act 2025 received Royal Assent in April 2025. The duties are not yet in force: they commence after 3 April 2027, and the SIA says it is working toward spring 2027. The notification rules arrived in July 2026, so you now know what the SIA will ask for. The regulator is running voluntary pilot inspections while it builds the regime; statutory inspections and enforcement start only when the duties do. The work now is recording your scope, your procedures, your staff awareness, and the notification data.
- Apr 2025 The Act received Royal Assent
- Apr 2026 Home Office statutory guidance first published
- Jun 2026 SIA regulatory guidance consultation closed; the final version is due in autumn 2026
- Jul 2026 Notification rules, deadlines, and data requirements published
- Spring 2027 SIA target for commencement; after 3 April 2027, exact date not set
Worth doing now
- Confirm the number behind your tier, and keep the method you used to reach it.
- Draft the four procedures (evacuation, invacuation, lockdown, communication) and brief your team.
- Gather the notification data: responsible people, licences and certificates, and the sites and socials you advertise on.
- Start building records now, so they're there before duties commence.
Pubs
Where a quiet pub still crosses the line
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Beer gardens and outside areas can count
Where outdoor areas are part of the premises, include them in the expected number of people present at the same time. A quiet weekday number is not enough if summer, bank holiday, or event peaks are materially higher.
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The licence figure is only one input
Fire safety capacity and licence conditions help the assessment, but Martyn's Law asks who may reasonably be expected to be present from time to time, including staff.
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Front-line staff need practical awareness
Bar staff, door teams, duty managers, kitchen teams, and cleaners may all need to know what to do in an incident: getting people out (evacuation), bringing them safely inside if the danger is outside (invacuation), securing the building to keep a threat out (lockdown), and how to communicate any of it.
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The queue still affects what staff do
A pavement queue or smokers outside the premises are not normally counted for the 200 or 800 threshold, but they still matter when you decide what instructions staff should follow during an incident.
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Standard tier is procedure-led
For standard-tier premises, the practical work is proportionate procedures, awareness, reviews, and evidence. Do not treat it as a requirement to buy CCTV, barriers, or bag-search hardware.
Worked example
How capacity adds up for pubs
Capacity check
- Indoor customers
- 140
- Beer garden
- 60
- Staff on shift (bar, kitchen, door)
- 15
Reasonably expected at the same time
215
A town pub on a big-match Saturday
Indoor covers alone stay under 200, but the beer garden and staff on shift push the expected number over the threshold on predictable peak days, so this pub is in scope at standard tier.
Illustrative example applying the official capacity method. It is not a determination, so record your own assessment and the data behind it.
Capacity checker
Your busiest moment is what counts
Pub & bar capacity check
Count a predictable busy session, not a quiet weekday. Include the spaces and teams in use at the same time.
Source: Home Office capacity methods
The statutory guidance points to supplementary document A for ways to assess the “greatest number of individuals reasonably expected to be present at the same time.” Its example methods are non-prescriptive; whichever you use, include workers, and consider immediate-vicinity areas for procedures rather than the threshold count.
Read supplementary document A →What to keep on file for Pubs
- Capacity assessment showing the method, peak periods, staff count, outdoor areas, and final tier conclusion.
- Evacuation, invacuation, lockdown, and communication procedures matched to the pub layout.
- Staff awareness register covering duty managers, bar teams, kitchen teams, door staff, and regular contractors.
- Door-team, promoter, function-room, and contractor handover notes for nights where the expected number or operating model changes.
- Drill or tabletop exercise log with attendees, findings, and follow-up actions.
- Notification data sheet: the licensee and anyone else with control (pubco, brewery, or freeholder), the premises licence with its dates and issuing council, any temporary event notices with their dates and the council each was given to, pavement and street seating, and the pages and social accounts that advertise the pub.
- Review trigger log for licence variations, new screens, refurbished layouts, a new garden, or a different events programme.
- Evidence pack for adviser, insurer, or SIA inspection readiness once duties commence.
Martyn's Law resources for Pubs
Martyn's Law questions for Pubs
Does a beer garden count for Martyn's Law?
It can. If it is accompanying land used with the premises, include it when assessing how many people may reasonably be expected to be present at the same time.
Does a small pub need Martyn's Law procedures?
Only if 200 or more people, including staff, may reasonably be expected to be present at the same time from time to time. A smaller pub can still use the guidance voluntarily, but the statutory duties depend on scope.
Who is the responsible person for a tenanted or managed pub?
Whoever controls the premises for its food and drink use. In a tenanted or leased pub that is usually the tenant or licensee, but the guidance gives an example where a brewery that holds the licence is the responsible person, so record who actually controls the site rather than assuming it is the freeholder or pub company.
Do queues outside count towards the threshold?
Not usually if they are outside the premises, but they can still matter for the procedures staff use for the immediate vicinity.
Does standard tier mean CCTV or bag searches?
No. Standard tier is about appropriate public protection procedures and staff awareness. Physical security measures are an enhanced-tier concept.
Is Martyn's Law already in force?
No. Operator duties are expected no earlier than spring 2027, but the guidance is clear enough to start recording scope, procedures, awareness, and reviews now. The notification rules were published in July 2026, and the SIA will ask for the licence, TEN, and seating details above; our notification briefing covers the deadlines and the full checklist.
Official sources
Compare another Martyn's Law scenario
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Hotels
Rooms, events, departments, night operations, and evidence across mixed-use hotels.
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Exhibition and conference venues
Venue, organiser, exhibitor and contractor handovers in one evidence trail.
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Cinemas
Staggered showtimes, packed foyers, and who is in the building at once.
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Community venues and halls
Recurring hires, volunteers, and the committee minute behind the call.
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Music Venues
A full room with the lights down, plus crew and security working it.
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Places of Worship
Service peaks, the place-of-worship rule, and volunteer awareness.
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Restaurants and cafes
Covers, terraces, private dining, and the staff who push a busy service past 200.
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Shops and retail
Peak footfall, seasonal staff, and surge days like Black Friday, not annual totals.
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Sports Grounds
Match-day counts and the access-control facts that set the tier.
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Theatres
Seated houses, foyers, backstage crew, and evacuating mid-performance.
Keep Martyn's Law procedures, staff awareness, and evidence in one place.
Duty Room is operational compliance software: workflows, checklists, and evidence. It is not a substitute for professional legal, regulatory, or compliance advice. You are responsible for understanding and meeting the obligations that apply to your business.