How to count your capacity for Martyn's Law
Count the greatest number of people who may reasonably be expected to be present at the same time, from time to time, and include your staff and volunteers, not just the public. That single number decides your tier: under 200 is out of scope, 200 to 799 is standard tier, 800 or more is enhanced tier. Recurring seasonal or day-of-week peaks count; a genuine one-off, unexpected spike does not (as at 12 July 2026).
Why the number matters so much
Almost everything about your position under Martyn's Law flows from this one figure. It decides whether you are in scope at all, and if you are, whether you carry the lighter standard-tier duties or the fuller enhanced-tier ones. Get it wrong and you either over-prepare or, more seriously, under-prepare against a duty you did not realise applied.
The rule: greatest number, at the same time, including staff
The test in the guidance is the greatest number of individuals who may reasonably be expected to be present at the same time, from time to time. Two parts of that are easy to miss:
- Staff and volunteers count. The number is not just paying customers or the public. Your team, your bar staff, your stewards and your volunteers are all people present, and they are included. For a busy hall or church run largely by volunteers, this can move you up a band.
- It is the simultaneous peak, not the daily total. A venue that sees 1,000 people across a day but never more than 300 at once is assessed on the 300, not the 1,000. It is the greatest number present at the same moment that counts.
Accepted ways to estimate the number
You do not need a single official method. The guidance recognises several practical approaches, and you should use whichever gives the most reliable picture of your realistic peak:
| Method | When it fits |
|---|---|
| Fire-safety occupancy | Where a fire risk assessment already sets a maximum occupancy figure for the space. |
| Historic attendance | Where you have real data on how many people have actually been present at your busiest recurring times. |
| Fixed seating or standing capacity | Theatres, cinemas and seated venues where the layout caps the number. |
| Ticket or pre-registration numbers plus staff | Ticketed events and services, adding the team working that day. |
| Licensing caps | Where a premises licence sets a maximum capacity. |
Recurring peaks count, one-offs do not
The number you are assessing is what you can reasonably expect from time to time. A market-town pub that fills every Friday and Saturday night is assessed on those recurring peaks. A hall that is quiet all year but hosts a packed annual fete is assessed with that recurring annual event in mind. By contrast, a genuine one-off, unexpected surge, the kind you could not have planned for, does not by itself set your band.
If you are on the line, work it out carefully. A venue near 200, or near 800, should count with real numbers rather than a guess, because a single band changes your duties. When in doubt, count your realistic recurring peak including staff, and keep a note of how you reached the figure.
Common mistakes
- Counting the public only. Leaving out staff and volunteers is the most frequent error and can push a venue into the wrong tier.
- Using the daily footfall. The test is the simultaneous peak, not the total over a day.
- Ignoring seasonal patterns. A recurring seasonal or day-of-week peak counts, even if most of the year is quiet.
- Rounding down to avoid a tier. The band is set by the greatest number reasonably expected; understating it does not remove the duty, it just leaves you unprepared.
Frequently asked questions
Do I include staff in my capacity count?
Yes. The assessment is of the greatest number reasonably expected at the same time, and it must include workers and volunteers, not just the public.
Do one-off busy days count?
Recurring seasonal or day-of-week peaks count. A genuine one-off, unexpected spike does not. The test is what you can reasonably expect from time to time.
What methods can I use to estimate the number?
Fire-safety occupancy, historic attendance, fixed seating or standing capacity, ticket or pre-registration numbers plus staff, and licensing caps are all accepted.
Sources
- Assessment of the number of individuals factsheet How to assess the number, including that staff count and recurring peaks count. gov.uk capacity factsheet
- Home Office statutory guidance The tier thresholds the number feeds into. gov.uk statutory guidance
Content current as at 12 July 2026. Guidance can be updated before commencement; re-check the primary source before acting.
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