The 200-person threshold decides whether you're in scope, and the 800 threshold decides your tier. Getting your capacity figure right — and being able to justify it — is the single most important judgement you'll make. Here's how to approach it.
The rule: most people present at the same time, including staff
You're looking for the maximum number of people who could reasonably be expected to be present at the same time — and that includes staff, volunteers, contractors and performers, not just customers or visitors. It isn't your average day; it's your busiest realistic one.
The 'from time to time' rule
A premises can be in scope because of capacity it only reaches occasionally. A hall that's quiet midweek but hosts a 250-person wedding or Christmas fair a few times a year can be in scope. So think across your whole calendar, not just a typical day.
What to base your figure on
Use the best evidence you have, and record which you relied on:
- ›Fire safety / licensed occupancy figures for the premises.
- ›Ticketing or booking records for your largest events.
- ›Past attendance for recurring events (fairs, services, functions).
- ›A floor-area estimate where no better figure exists.
If you're close to the threshold
If your realistic peak is near 200, don't guess — pin it down against the evidence above and write down your reasoning. A clear, recorded decision (in scope or out) is exactly what you'd want to show if asked. Crossing 800 moves you from the standard to the enhanced tier, so the same care applies there.
Common questions
Do I include staff in the count?
Yes — staff, volunteers, contractors and performers all count towards the number of people present at the same time.
Do I use average or peak attendance?
Peak. You assess the most people who could reasonably be present at the same time, including occasional busy events ('from time to time').
What if I have no occupancy figure?
Use the best available evidence — fire/licensed occupancy, ticketing, past attendance, or a floor-area estimate — and record the basis for your figure.
See where your premises stands
A two-minute scope check gives you a clear in/out decision to keep on record.
Check my premises