A premises is only in scope of Martyn's Law if it meets four conditions together. Miss any one of them and you are very likely out of scope. This guide walks through each condition so you can reach — and record — a clear decision.
The four-part qualifying-premises test
To be in scope, a premises must:
- ›Consist of at least one building (open-air spaces without a building are handled under the separate qualifying-events rules).
- ›Be used for one of the 17 qualifying activities.
- ›Be open to the public (with or without payment, by express or implied permission).
- ›Have a capacity where 200 or more people may be present at the same time, including staff.
The 17 qualifying activities
Schedule 1 of the Act lists the qualifying uses. If your premises' main use isn't on this list, it is generally out of scope:
- ›Shops and retail
- ›Food and drink (cafés, restaurants, pubs and bars)
- ›Entertainment and leisure (cinemas, theatres, nightclubs, etc.)
- ›Sports grounds
- ›Libraries, museums and galleries
- ›Halls (village, community, conference and exhibition halls)
- ›Visitor attractions
- ›Hotels and other overnight accommodation
- ›Places of worship
- ›Health care
- ›Bus, coach, railway and tram stations
- ›Aerodromes
- ›Childcare
- ›Primary and secondary education
- ›Further education
- ›Higher education
- ›Premises used by public authorities
What's not in scope
Offices that are not open to the public, and private residential premises, are excluded. So is anywhere that simply cannot reach 200 people at the same time. Places of worship are treated as standard tier regardless of size in most cases — check the guidance for the detail relevant to your premises.
How to reach a decision
Work through the four conditions in order and write down your reasoning and the figure you relied on. If you're clearly under 200 at your busiest, record that and move on. If you're close to the threshold, or your capacity swings with events, treat it as 'needs a closer look' and check your busiest realistic day. Our free scope checker does exactly this and gives you a decision you can keep on file.
Common questions
Do staff count towards the 200?
Yes. The threshold counts everyone who may be present at the same time, including staff and volunteers — not just customers or visitors.
We're only busy a few times a year — are we in scope?
Possibly. The 'from time to time' rule means even an occasional peak of 200+ can bring a premises into scope. Check your busiest realistic event.
Are offices in scope?
Offices that are not publicly accessible are not in scope. Public accessibility is one of the four conditions.
See where your premises stands
A two-minute scope check gives you a clear in/out decision to keep on record.
Check my premises