Capacity (number reasonably expected)
The number of people reasonably expected at the same time — including staff — not your seating, licensed or fire capacity.
Martyn's Law does not use your seating plan, licensed capacity or fire-safety figure as the test. It uses the number you can reasonably expect to be present at the same time, from time to time, and that number includes everyone working — staff, contractors, performers.
Those other figures are useful evidence for what your space can hold, but the legal test is the realistic expected headcount. Getting this number right — and recording how you reached it — is the single most important step.
Who it affects: Every venue working out which tier, if any, applies.
Related terms
From time to time
The capacity test looks at your predictable peaks, not your average — a busy night that happens occasionally still counts.
Standard tier
Premises where 200 to 799 people may reasonably be expected at the same time. Requires simple, low-cost public protection procedures.
Enhanced tier
Premises or events where 800 or more people may reasonably be expected. Requires procedures plus additional measures and documentation.
See where your venue stands
The free readiness checker gives you an indicative tier in about five minutes, with the reasoning and the official guidance it rests on.
Run the free check →What this is — and what it is not
martynslaw.app is a preparation and document-management tool. It is not legal advice, not official guidance, not official certification, not SIA approval and not a guarantee of compliance. The responsible person must review and approve all documents before use.
martynslaw.app is an independent product. It is not affiliated with, or endorsed by, the Home Office, the Security Industry Authority or any other public body. Official sources are cited as sources only.