Martyn's Law for pubs, shops and restaurants
Martyn's Law for pubs, shops and restaurants
Martyn's Law applies once 200 people may reasonably be present at once, counting customers and staff together. Most small pubs and shops are under that number and out of scope, and we will say so plainly.
Does it apply to you
The busiest hour decides it, not your licence.
Count customers and staff together at your busiest realistic time, not an average afternoon.
Customers and staff count together
The Home Office's own worked example is 750 customers plus 60 staff: 810 present at once, and enhanced tier, not standard. Staff are not counted separately from customers.
Licensed capacity is not the test
The test is how many people it is reasonable to expect present. Your licence, your fire safety figure and your busiest Saturday night can be three different numbers.
Outdoor areas attached to the building count
A beer garden, a terrace or a courtyard that forms part of the premises counts. Open land on its own is different, and caught only where a qualifying event is held there.
Most small premises are genuinely out of scope
A corner shop or a small pub rarely reaches 200 at once. If your honest count stays under that, you are not caught, and it is fine to say so.
Chains and groups running many sites can put every venue on one board and see, site by site, which are in scope and which are not.
See how portfolios workWhat the standard tier asks
Four procedures, and a notification to the SIA.
- Evacuation
- Moving people away from danger, out of the building.
- Invacuation
- Moving people to a safer place inside the building.
- Lockdown
- Securing the premises so people cannot enter or leave.
- Communication
- Telling staff and the public what is happening and what to do.
These four, so far as reasonably practicable, plus telling the SIA your venue is in scope. Where you share a building, such as a unit inside a shopping centre, coordinate with the other responsible person.
What it does not ask: standard tier does not require you to buy equipment, hire security staff or use any particular product. Detailed documentation is recommended, not required by law, though it helps when a landlord or insurer asks what is in place.
How Muster helps
Procedures that survive a busy Saturday night and staff who move on.
Muster drafts the four procedures around your venue, then keeps a register of who has been briefed. Muster also tracks your SIA notification and prepares the details, though it cannot file the notification for you.
Questions people actually ask
Straight answers for pubs, shops and restaurants.
Is my small pub or shop in scope?
Most are not. Martyn's Law applies once 200 people may reasonably be present at once, counting customers and staff together. Plenty of small premises never get close to that.
Do staff count towards the 200?
Yes. The count is customers and staff together at your busiest realistic moment. The Home Office's own example is 750 customers plus 60 staff, which is 810 and enhanced tier, not standard.
What about the beer garden or an outdoor seating area?
An outdoor area that forms part of the premises, such as a beer garden or terrace, counts. Open land on its own is treated differently.
Does our licensed capacity decide it?
No. The test is what is reasonable to expect present, not the number on your licence. Your licence, your fire safety figure and your busiest night can be three different numbers.
We run several sites. Do we check each one separately?
Each site is assessed on its own numbers. A chain or group can still see every site's position on one board, rather than running a separate exercise per site.
If we are under 200, is there anything we still need to do?
If that is a fair, honest assessment of your busiest moment, no. Check it properly, keep a note of the figure and the basis, and get on with running the business.
Find out where your venue stands in about a minute.
Six questions, a cited answer, and a result you can print and keep on file.