Kerkis
Martyn's Law guide

How to work out how many people may be present

Use the number of individuals who may reasonably be expected to be present at the same time, including staff. It is a judgement about realistic peak occupancy, and you must be able to justify how you reached it.

The test is what may reasonably be expected

Not the maximum the building could physically hold, and not the average across a year. It is the number you would honestly expect on a busy occasion.

That makes it a judgement, and a judgement is something you can be asked to justify. Record how you reached it at the time, not afterwards.

Staff count

Everyone present counts, not just customers or visitors. Bar staff, stewards, kitchen teams, contractors on site, and anyone else who would be in the building at peak.

This is the single most common reason a site is misclassified. A venue expecting 180 guests with 30 staff on a busy night is above the threshold, not below it.

Which areas to count

Count the areas that make up the premises as you actually operate them. A main hall, a mezzanine and a terrace used at the same time are one figure, not three.

Where you exclude an area, record why. If excluding a terrace moves a site from enhanced to standard tier, that decision needs a reason you would be comfortable defending.

What to keep

The figure, where it came from, which areas were counted, whether staff were included, who decided, and when. A fire risk assessment, a licence condition or a counted occupancy survey are all reasonable sources.

Occupancy changes. A refurbishment, a layout change or a new licence can move a site across a threshold, so set a review date rather than treating the figure as permanent.

Which of your sites are in scope?

Enter your premises and expected occupancy. You get the tier for each site and the reasoning behind it. Free, no account.

Run the scope check

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