Does Martyn's Law apply to your restaurant or pub? The 200-person test and what to do now

A security firm has emailed offering a "Martyn's Law compliance course" before the April deadline, and you are trying to work out whether a 120-cover restaurant with a garden is caught at all.

Martyn's Law, the Terrorism (Protection of Premises) Act 2025, applies across the UK to restaurants, pubs and bars where it is reasonable to expect 200 or more people, staff included, on the premises at the same time, from time to time. Venues expecting 200 to 799 are in the standard tier: they must notify the Security Industry Authority (SIA) and have four public protection procedures in place, so far as is reasonably practicable. Below 200, the Act does not apply. Nothing is required yet: gov.uk expects the duties to start in spring 2027, and on 5 November 2026 no start date had been set.

Two figures online are wrong. The threshold is 200, not 100: 100 was the figure in the 2023 draft Bill and the February 2024 consultation, and the Bill introduced in September 2024 raised it. And no April 2027 date has been set.

Last checked: 5 November 2026.

Does Martyn's Law apply to my restaurant or pub?

Your premises are "qualifying premises" under section 2 of the Act if all four tests are met:

1. A building, or a building and other land. The Home Office's statutory guidance (April 2026, paragraph 4.11) gives "a pub with a beer garden" and "a restaurant with outside seating" as examples of a building and other land.
2. Wholly or mainly used for a listed use. Schedule 1 lists "use for the sale of food or drink, where the food or drink is principally for consumption on the premises by visiting members of the public". Restaurants, cafés, pubs and bars fit. A takeaway mostly selling food to go is less clear-cut; read the guidance on principal use.
3. 200 or more people at the same time, from time to time. This is the test that decides most cases. See the next section.
4. Not excluded under Schedule 2. The exclusions cover premises such as Parliament, certain transport sites and open-access parks; none is aimed at restaurants or pubs.

The tiers:

Most restaurants are out of scope. The standard tier catches large pubs, gastropubs with big gardens, food halls, banqueting rooms and bars with a large standing trade. If you are opening a new venue, add the count to your opening checklist.

How do I count to 200? Do staff and the garden count?

Count the most people you can reasonably expect on the whole premises at your busiest, including every member of staff working there. The statutory guidance (paragraphs 4.23 and 4.24) says staff "refers to all those working at premises or events, whether as employees, contractors, volunteers or otherwise", and that you should consider "the busiest trading or visiting times".

What the guidance makes clear:

• "From time to time" means occasionally. A predictable peak counts, even if most services are far below 200. The guidance names "increases in numbers during the Christmas period" and bank holiday surges (4.31 and 4.34). If your December books run far above the rest of the year, our Christmas bookings guide helps you plan sittings, and the sittings are the evidence. A weekly band or DJ night that fills the bar is a predictable peak too; our music licence guide covers those nights.
• An unexpected one-off does not. If numbers spike once, could not have been foreseen and are not expected again, you stay out of scope (4.34).
• The garden counts if it is part of your premises. The guidance does not say whether tables on a council pavement under a pavement licence count. If they could take you to 200, count them and take advice.
• Fire safety occupancy is a starting point, not the answer. The guidance gives an example of a shop with a fire safety maximum of 300 but historic records of well under 200; its scope depends on whether 200 or more can be expected from time to time. Use real data, such as booking records and door counts, and keep it.
• Units inside a larger site are counted on their own. A restaurant inside a shopping centre counts its own people; the centre counts everyone (4.30).

Worked examples (illustrative, not legal advice):

The gastropub is the case to watch. On an average Tuesday it is nowhere near 200. On a predictable sunny bank holiday it is over, and that is enough.

What does the standard tier require?

Two things, once the duties start.

1. Notify the SIA. Under section 9 and the Notification Requirements Regulations 2026, the responsible person must notify the SIA within three months of the day the duty starts, or within 28 days of becoming responsible, if later. The SIA's online portal is not open yet.

2. Public protection procedures, "so far as is reasonably practicable" (section 5), for staff to follow if an attack is suspected:

"Reasonably practicable" means weighing what can be done against its cost, time and difficulty, according to the SIA's Understanding Martyn's Law page.

What the standard tier does not require:

• Physical security measures such as CCTV, bag searches or new doors. Those are enhanced tier duties (section 6).
• Paid training. The guidance says "It is not mandatory to pay for third-party training or learning to comply with the Act's requirements" (7.55). Staff must know the procedures; briefings, inductions and a prompt card can do that (7.53 and 7.58).
• Anything yet. Until the duties start, there is no legal requirement to comply.

Penalties. For standard tier premises, the maximum non-compliance penalty is £10,000 (section 18). For the enhanced tier it is £18 million or 5% of qualifying worldwide revenue, whichever is greater.

Who is the responsible person if I lease my restaurant or pub?

The person with control of the premises for the hospitality use (section 4). For a leased restaurant, that is normally the tenant business running it, not the landlord.

The pub case was corrected. The statutory guidance first said a brewery that holds the premises licence for a tenanted pub was responsible. A correction slip dated 6 August 2026 changed the example: "the tenant is in control of the premises for their relevant Schedule 1 use. Therefore, the responsible person is the tenant as they are in control." Pages written before August 2026 may still say otherwise. Holding the premises licence does not by itself make someone the responsible person; control does. (Who should hold the premises licence is a separate question, covered in our liquor licence guide.)

If more than one person has control, each is responsible, and they can act jointly. A restaurant inside a hotel or shopping centre should agree with the operator who writes which procedure, especially lockdown.

Check with a solicitor if your lease or management agreement splits control.

When does Martyn's Law start? A dated changelog

Some websites give a precise April 2027 date. On 5 November 2026, no regulation had set one. We will update this table when the commencement regulations are made.

What should I do now, and what can wait?

The SIA's advice is that "the best first step is to review the Home Office section 27 guidance". The SIA and Home Office do not endorse any company or course.

Martyn's Law capacity worksheet

MARTYN'S LAW CAPACITY WORKSHEET
Premises: __________________   Date: ___________   By: ___________

Busiest realistic occasion (e.g. Christmas Saturday, sunny bank
holiday, match day, private hire): ______________________________

A. Seated guests, all rooms at full turn            ______
B. Standing guests (bar, waiting area)              ______
C. Garden, terrace or other outdoor space you
   control                                          ______
D. Private dining or function room at capacity      ______
E. Staff on shift at that peak (front, kitchen,
   bar, door, agency, contractors)                  ______

PEAK TOTAL (A+B+C+D+E)                              ______

[ ] 199 or fewer: out of scope. Keep this sheet and the evidence.
[ ] 200 to 799: standard tier. Plan notification and procedures.
[ ] 800 or more: enhanced tier. Take specialist advice.

Evidence used: [ ] booking records  [ ] door counts  [ ] event
records  [ ] fire risk assessment occupancy  [ ] other: ______

Does the peak happen predictably (from time to time)?  Y / N
Can you cap numbers below 200, and will you enforce it? Y / N
Review again when: layout, garden, events or licence change

Can TablePort handle this for you?

Partly. It holds several numbers the worksheet asks for:

1. Seats. Your floor plan holds every table and its seats: line A.
2. Busiest services. Bookings reports give a dated record of booked covers, the evidence for "from time to time".
3. Big events. Close a shift or a whole day for a private hire, so a large event is planned and recorded.
4. Staff on shift. With Staff Management, the published rota shows how many people work your busiest shift: line E.

The limit: TablePort does not count standing guests or people in the garden, and it does not notify the SIA for you. See the TablePort platform.