Updated October 2026. This article reflects the Section 27 statutory guidance (published 15 April 2026, correction slip 6 August 2026), the SIA's "Understanding Martyn's Law" guidance of 17 July 2026 on which premises sit in which tier, and the Terrorism (Protection of Premises) (Principal Use of Premises) Regulations 2026, in force since 15 October 2026, which settle who the responsible person is for mixed-use premises. Commencement is expected in spring 2027; the SIA will confirm the exact date ahead of time.
This article is part of our comprehensive guide to Martyn's Law. For an overview of the legislation, tier requirements, implementation timelines, and how AV technology can support compliance, see our complete guide to Martyn's Law.
Martyn's Law (the Terrorism (Protection of Premises) Act 2025) is designed to improve preparedness across UK venues and events. But who, exactly, falls under its scope? This post breaks down the capacity thresholds, venue types and exemptions so you can determine whether your organisation needs to take action, including the clarifications introduced by the April 2026 statutory guidance and the SIA's July 2026 regulator guidance.
Capacity thresholds
The Act sets two capacity thresholds, and they work differently for premises and for events. Qualifying premises come into scope at 200 or more people reasonably expected at any one time; premises expecting fewer than 200 do not need to comply. Qualifying events come into scope only at 800 or more, and there is no standard tier for events.
Standard tier premises (200 to 799 people). Premises where 200 to 799 people may be present fall under the standard tier. The responsible person must notify the SIA once the Act commences, and must have public protection procedures in place covering evacuation, invacuation, lockdown and communication (gov.uk, SIA guidance, 17 July 2026). The focus is on low-cost, proportionate procedures rather than physical security systems.
Enhanced tier premises (800+ people). Premises where 800 or more people may be present are subject to enhanced obligations: everything in the standard tier, plus public protection measures across four formal categories (monitoring, movement, physical safety and security, and security of information), a designated senior individual where the responsible person is an organisation, and a documented compliance narrative sent to the SIA (gov.uk, SIA guidance, 17 July 2026).
Qualifying events (800+ people). An event is in scope if it is open to the public, has entry checks such as tickets or passes, and 800 or more people (including staff) can reasonably be expected at the same time. Qualifying events carry the same requirements as enhanced tier premises. An event expecting between 200 and 799 people is not a qualifying event and does not fall under the standard tier; the standard tier applies to premises only (gov.uk, SIA guidance, 17 July 2026).
Exceptions by use, not by numbers. Places of worship, childcare, and early years, primary, secondary and further education premises stay in the standard tier even when 800 or more people are expected. Higher education premises do not benefit from this exception and can be enhanced tier at 800 or more (gov.uk, education settings guidance).
For a detailed comparison of standard and enhanced tier requirements, see our guide: Martyn's Law Standard vs Enhanced Tier: Requirements Compared.
What counts toward capacity?
Capacity refers to the total number of people who could reasonably be expected on the premises at the same time, including staff, volunteers and attendees. It is not simply the building's maximum occupancy, but rather the actual number expected during events or peak times. Temporary events (concerts, festivals, fairs) count if the expected attendance meets the thresholds (insight-security.com).
Capacity calculation under the April 2026 statutory guidance. Supplementary Document A published alongside the main guidance formalises acceptable methods. Responsible persons may rely on fire safety safe-occupancy figures, historic attendance data or any other justified method, provided the reasonable-expectation test includes staff and volunteers as well as members of the public. Operators should document the method they used and the assumptions behind it, particularly where peak attendance varies across events.
Types of venues and events covered
Martyn's Law applies broadly to publicly accessible premises and events, spaces where members of the public can gather, regardless of whether they are privately or publicly owned. Examples include:
Stadiums, arenas and theatres: large venues hosting sporting events, concerts or performances (insight-security.com).
Nightclubs and bars: entertainment venues where high footfall and crowded conditions necessitate preparedness (insight-security.com).
Shopping centres and retail hubs: complexes with multiple shops and food courts (insight-security.com).
Hotels and conference centres: venues hosting events, conferences and banquets.
Community spaces: including town and village halls, community centres, markets and fairs (nalc.gov.uk).
Parks and open-air events, such as festivals, sports events and seasonal markets (nalc.gov.uk).
Sports and leisure facilities: playing fields, sports halls and public gyms (nalc.gov.uk).
Libraries and museums: publicly accessible cultural venues (nalc.gov.uk).
Public squares and landmarks: locations used for celebrations, vigils, or other gatherings (nalc.gov.uk).
Certain events are also covered, even if held on land without a building or on otherwise exempt premises. For example, a ticketed festival in a public park where 800 or more people are expected, with entry checks in place, is a qualifying event and carries enhanced-tier requirements because of the expected crowd size (gov.uk, SIA guidance, 17 July 2026).
Exemptions and special cases
Not all premises are within scope. Parliamentary buildings and government administration premises are specifically excluded from the legislation (insight-security.com). There are also special considerations for education settings. Early years, primary, secondary and further education premises remain in the standard tier even if more than 800 people are present (gov.uk), recognising the unique nature of educational environments, and events held at those premises are not drawn into scope as qualifying events. Higher education premises (universities) are treated like any other premises and can fall into the enhanced tier at 800 or more.
Private offices and workplaces that are not open to the public are generally outside the scope unless they host public events or have publicly accessible areas. Similarly, residential buildings are excluded.
Responsible persons
Every qualifying venue or event must have a responsible person, the individual or organisation in control of the premises for its principal use (insight-security.com). This person is accountable for conducting risk assessments, implementing security measures, training staff and liaising with the SIA. In multi-use spaces (e.g., a church hired for a concert), the responsible person is whoever is in control of the specific event.
Principal use is now defined in regulations. The Terrorism (Protection of Premises) (Principal Use of Premises) Regulations 2026 (SI 2026/1005) were made on 8 September 2026 and came into force on 15 October 2026, with Home Office guidance published on 10 September 2026 (gov.uk). Where a single premises has two or more Schedule 1 uses (a hotel with a conference centre, a shopping centre with a cinema), the use that best fits the purpose and nature of the premises is the principal use, judged on how the building was designed or adapted, its physical features and how the local authority classifies it. That principal use identifies the responsible person. The regulations do not bring the substantive duties forward; those are still expected to commence in spring 2027.
The April 2026 statutory guidance is explicit that statutory responsibility cannot be delegated. Where the responsible person is an organisation, a senior individual must be designated, and that individual is personally exposed to criminal liability of up to two years' imprisonment for breaches involving consent, connivance or neglect.
Shared spaces and coordination. The April 2026 guidance also spells out how multi-responsible-person scenarios work, shopping centres, transport hubs, high-street parades and other shared spaces where entrances, exits and public realm cross several controllers. Each responsible person retains their own duty, and there is an explicit coordination duty between them. Although coordination is not new in law, it is newly emphasised and likely to be a focus of early SIA enforcement.
Why identification matters
Understanding whether you fall under Martyn's Law is the first step toward compliance. Failing to meet the Act's requirements could lead to enforcement action or penalties once the Law comes into force. Even if you operate a smaller venue, taking proactive steps, such as simple risk assessments and staff training, can save lives in an emergency (protectuk.police.uk). For larger venues, preparing now for enhanced obligations will help spread out costs and integrate security measures into renovation or upgrade plans.
Next steps
Assess your venues and events: Compile a list of premises where 200 or more people may gather and events where 800 or more are expected.
Assign a responsible person: Designate someone to oversee compliance for each venue or event, applying the principal-use test for mixed-use premises.
Begin risk assessments: The statutory guidance has been in place since 15 April 2026, so start evaluating potential vulnerabilities and mitigation measures against it now.
Prepare to notify the SIA: Under the Home Office notification guidance of 14 July 2026, premises in scope at commencement must notify within three months of the commencement date, and qualifying events within 14 days of first being publicised. Our compliance checklist sets out the full notification regime.
Explore technology solutions: Consider how digital signage, PA systems, CCTV and occupancy analytics can support security and emergency communication.
Read our Martyn's Law pillar page: For a comprehensive overview of the Act, differences between standard and enhanced tiers, and compliance timelines, see Martyn's Law: Complete Guide to the Terrorism (Protection of Premises) Act 2025.
Contact Strive AV: Our experts can help you assess your venues, recommend appropriate technologies and guide you through the compliance process.
By identifying whether Martyn's Law applies to your organisation and understanding the thresholds and venue types involved, you can take proactive steps to protect the public and ensure legal compliance.
Frequently Asked Questions
Q.What is the capacity threshold for Martyn's Law?
Martyn's Law applies to publicly accessible premises expecting 200 or more people at any one time, and to qualifying events expecting 800 or more. Premises expecting 200 to 799 people fall under the standard tier, premises expecting 800 or more fall under the enhanced tier, and qualifying events (800 or more, open to the public, with entry checks) carry the same requirements as enhanced tier premises. There is no standard tier for events. Premises expecting fewer than 200 people are not in scope.
Q.Are private offices and workplaces covered by Martyn's Law?
Private offices and workplaces that are not open to the public are generally outside the scope of Martyn's Law. The Act applies to publicly accessible premises where members of the public can gather. However, if an office hosts public events or has publicly accessible areas, those parts of the premises may fall in scope.
Q.Do schools, colleges and universities have to comply with Martyn's Law?
Yes, with special provisions. Early years, primary, secondary and further education premises remain in the standard tier even if more than 800 people are present, recognising the unique nature of educational environments, and events held on those premises are not drawn into scope as qualifying events. Higher education premises such as universities do not get this exception and can be enhanced tier at 800 or more.
Q.What is a "responsible person" under Martyn's Law?
Every qualifying venue or event must have a responsible person, the individual or organisation in control of the premises for its principal use. This person is accountable for conducting risk assessments, implementing security measures, training staff and liaising with the Security Industry Authority (SIA). For multi-use spaces such as a church hired for a concert, the responsible person is whoever is in control of the specific event. For premises with more than one Schedule 1 use, the Principal Use of Premises Regulations 2026 (in force 15 October 2026) set out how to identify the principal use and therefore the responsible person.
Q.When does Martyn's Law come into force?
Martyn's Law received Royal Assent on 3 April 2025. The SIA's regulator guidance of 17 July 2026 says the Act is expected to come into force in spring 2027 and that the SIA will confirm the exact date ahead of time. The Section 27 statutory guidance was published on 15 April 2026 (corrected 6 and 7 August 2026), the SIA's Section 12 enforcement consultation closed on 12 June 2026 with final guidance due in autumn 2026, and the Home Office notification guidance of 14 July 2026 gives premises three months from commencement to notify the SIA. Although compliance is not yet mandatory, organisations should now move from awareness into structured preparation.
Q.Are temporary events such as festivals and outdoor markets covered?
Yes, once they reach the event threshold. Temporary events including concerts, festivals, fairs and outdoor markets are qualifying events under Martyn's Law if they are open to the public, have entry checks such as ticketing, and 800 or more people (including staff) are reasonably expected at the same time. A ticketed festival in a public park expecting 800 or more people carries enhanced-tier requirements regardless of the land's normal use. An outdoor market with no entry checks, or an event expecting fewer than 800 people, is not a qualifying event, although the premises hosting it may still be in scope in their own right.
