How to count your capacity honestly for Martyn's Law
The line between 'no obligations' and 'standard tier' is 200 people. Here's how to work out where your pub actually sits — and why the fire-safety number isn't the answer.
By Tapwell editorial
The single most common question we're hearing about Martyn's Law is: 'Am I in scope?' The Act uses the phrase 'reasonably expected to be present at the same time' — which is not the same as your fire-safety maximum, your seated cover count, or the number on a ticketed event.
Who counts
- All members of the public who may be at the premises.
- Staff on shift — front of house, kitchen, cellar, cleaners.
- Contractors, suppliers, entertainers, and anyone else invited on-site.
- Children (there is no minimum age).
The peak, not the average
The threshold is triggered by the peak reasonably foreseeable attendance, not an average across the week. If your only busy day is a Saturday night with a live band, that's the number that matters.
Beer gardens and outside areas
If the outdoor area is part of the premises and members of the public can be there at the same time as the indoor trade, it counts. A 120-cover pub with an 80-cover garden that fills up in summer is likely at 200+ for Martyn's Law purposes, even though the fire officer only cares about the building.
When in doubt, write it down
Whatever number you land on, write down how you got there. If the SIA ever asks, you want a one-page note on file — not a shrug. And if the answer is genuinely 'sometimes yes, sometimes no' (a small pub with occasional festival weekends), the sensible approach is to treat yourself as in scope and get the standard-tier procedures written.