Martyn's Law for pubs

Martyn's Law for Pubs: What Operators Need to Know

A pub may fall within Martyn's Law where it meets the statutory premises criteria and enough people may reasonably be expected to be present at the same time. For ordinary qualifying premises, the Standard Tier generally covers 200 to 799 people, including relevant staff.

Quick answer

Pub operators should not rely only on the number of customers in the bar or the premises' licensed capacity. The relevant assessment can require you to consider customers, staff, contractors, performers and other people reasonably expected to be present at the same busy time.

Does Martyn's Law apply to pubs?

It can. Pubs are publicly accessible hospitality premises and may come within the legislation where the statutory conditions are met. The threshold question is not simply how many seats the pub has or how many customers it serves during an entire day.

The important question is how many individuals it is reasonable to expect may be present at the same time, from time to time.

Do pub staff count?

Yes. Current statutory guidance says staff are included when assessing the relevant number of people. That can include employees, contractors, volunteers and others working at the premises.

A busy pub assessment therefore needs to consider more than customer numbers. Bar staff, kitchen staff, cleaners, security, contractors and performers may all affect the picture depending on who is reasonably expected to be present at the same time.

What about beer gardens, function rooms and live music?

Pubs often have operational areas that make a simple capacity figure misleading. A beer garden may be busy at the same time as the main bar. A private function may overlap ordinary trading. A live band can add performers, technicians and security staff.

Operators should look at how the premises actually trades and what evidence supports the number of people reasonably expected during busy periods.

Football and event days

Exceptional but recurring busy periods may matter where higher attendance is reasonably expected from time to time.

Functions

Private parties, wakes, weddings and function-room bookings can change the number and distribution of people in the premises.

Outdoor trading

Beer gardens, terraces and external trading spaces may need to be considered as part of how the premises operates.

Live entertainment

Performers, technicians, promoters and security can change both headcount and practical emergency arrangements.

What does a Standard Tier pub need to prepare?

When the legislation comes into force, the responsible person for a Standard Tier premises must, so far as reasonably practicable, have appropriate public protection procedures covering:

  • evacuation;
  • invacuation;
  • lockdown; and
  • communication.

The practical arrangements should make sense for the actual pub: its doors, internal areas, outdoor spaces, staff team and normal trading patterns.

How should pub staff be involved?

Procedures are only useful if the people expected to act on them know what they are. Hospli allows managers to issue simple briefing links and keep a record of which staff members have acknowledged the current procedure version.

An acknowledgement records receipt and understanding of that briefing. It should not be treated as a certificate of competence or a substitute for any training a venue otherwise needs.

From pub operations

Why the detail matters

A quiet Tuesday lunchtime and a live-music Saturday night can be completely different operational environments. Hospli is designed around the reality that hospitality readiness has to reflect how a venue actually operates, not just what is written on a licence.

Official sources

Hospli checks regulatory claims against primary official material. Useful starting points include:

Hospli supports readiness and record keeping. It does not make a binding legal determination about an individual premises.