The Terrorism (Protection of Premises) Act 2025, known as Martyn’s Law, requires responsible persons to determine the reasonable number of individuals expected to be present at a premises or event. This capacity assessment is essential for determining whether the premises or event falls within the scope of the Act and, if so, whether it is subject to the Standard or Enhanced Duty tier.
Article 7 in a series on Martyn's Law
This blog is part of our ongoing series exploring Martyn’s Law and its impact on public safety. We recommend checking out the previous blogs for valuable insights. Don’t hesitate to contact us directly for further information or tailored advice.
Methods for Assessing Capacity
The Government provides flexibility in how capacity can be calculated, allowing for reasonable methods suited to the nature of the premises or event. These include:
- Safe Occupancy Limits for Fire Safety
- Using fire safety regulations as a baseline to determine the maximum safe occupancy.
- Historic Attendance Data
- Referring to previous attendance figures to estimate expected numbers.
- Fixed Seating and Standing Areas
- Calculating capacity based on the available seating and standing arrangements.
- Tickets and Pre-Registration (Events Only)
- Basing attendance figures on ticket sales or pre-registration data for controlled entry.
- Restrictions
- Considering imposed limitations, such as maximum allowable attendance due to licensing or operational requirements.
- Other Means
- In cases where the above methods are unsuitable or inaccurate, other reasonable approaches can be used.
A justification must accompany these calculations, explaining why the alternative method was necessary, how the figure was derived, and why it is deemed accurate.
Factors to Include in Capacity Assessment
- Staff and Workers: Individuals working at the premises or event should be included unless ticketing or pre-registration methods are used to establish attendance (events only).
- Public Areas Only: Capacity assessments should exclude areas not accessible to the public, such as:
- Immediate surroundings like pavements or entryways.
- Operational zones like loading bays or restricted areas.
Although these excluded areas do not affect the capacity calculation, they still require attention as potential security vulnerabilities, and responsible persons must address them within their security measures.
Ensuring Accuracy and Compliance
By providing multiple methods and allowing for flexibility in capacity assessment, Martyn’s Law ensures that responsible persons can deliver realistic and accurate calculations based on the unique characteristics of their premises or events.
This careful consideration of capacity aligns with the broader aim of the legislation—to proportionately safeguard public spaces while accounting for operational differences across diverse venues.
A Tailored Approach to Diverse Needs
United Outcomes specialises in providing bespoke solutions to support organisations in meeting the requirements of Martyn’s Law. We understand the unique challenges faced by venues of all sizes and offer tailored advice to address specific needs. Our approach focuses on venue-specific guidance, ensuring that every strategy we develop is both effective and aligned with your objectives. By partnering with us, you can confidently navigate the responsibilities of Martyn’s Law, transforming challenges into opportunities to enhance public safety and resilience.
