Events are treated separately under Martyn's Law. A premises can be out of scope while an event held there is in scope, and the reverse is also true. For most village fetes, church fairs and club fundraisers the answer is that the event itself is not a qualifying event, but the people attending still count towards the venue's capacity. That second point catches out more organisers than the first.
A qualifying event has to meet three tests
An event is a qualifying event only if all three apply:
- 800 or more people are reasonably expected to be present at the same time at some point during the event
- It is accessible to the public
- Entry requires express permission, and someone checks it. A ticket, a payment, an invitation, a membership card or a pass, with staff or volunteers verifying that condition at the way in
Miss any one of the three and it is not a qualifying event. A free, open-access fete where anyone can wander in from the road fails the third test however many people come.
Every qualifying event sits in the enhanced tier. There is no standard tier for events.
Why most fetes and fairs are not qualifying events
A typical village fete is free, open to anyone, and has nobody checking entry. That fails test three, and usually test one as well. The same goes for a church summer fair, a school Christmas market with an honesty box, and a club open day.
Start checking properly when an event has a gate with wristbands, advance tickets, or someone on the entrance taking money, and you expect to break 800 at any point. A beer festival, a ticketed music night in a field, or a paid-entry county show can all meet all three tests.
The part organisers miss: the event counts towards your premises
This is the more common trap. Even when an event is not a qualifying event, the people at it count towards whether the premises is in scope, because premises capacity is judged on peak use.
A village hall that holds forty people on a normal week, and 300 at the annual show, is assessed on the 300. The show is not a qualifying event, but the hall is now a standard tier qualifying premises and needs the four procedures in place all year round.
So the practical order is: work out your premises capacity first, including your busiest event, then ask separately whether any single event crosses the 800 line with controlled entry. Our capacity calculator does the first part.
Events on open land with no building
Premises under the Act means a building, or a building together with the land attached to it. A bare field, a park or a recreation ground with no building is not qualifying premises in its own right.
But an event held on that land can still be a qualifying event if it meets the three tests. This is the route by which a festival in a public park comes into scope while the park itself does not.
Who is responsible for an event
The duty falls on whoever has control of the event's premises for the purposes of the event, which in practice is usually the organiser rather than the landowner. Where a hall or field is hired out to an organiser who runs the whole thing, the organiser is normally the responsible person for that event, while the venue owner remains responsible for the premises.
Both parties should agree in writing which of them holds which duty, before the booking is confirmed. Assuming the other side has it covered is the most common failure.
What the enhanced tier asks for
If an event does qualify, the duties are heavier than the standard tier premises duties covered elsewhere on this site:
- The four public protection procedures: evacuation, invacuation, lockdown and communication
- Public protection measures as well: monitoring, controlling movement of people, physical security and handling information
- A documented assessment of those procedures and measures, provided to the Security Industry Authority
- Where the responsible person is an organisation rather than an individual, a named senior individual accountable for compliance
Which situation are you in
| Situation | Event in scope? | Premises in scope? |
|---|---|---|
| Free village fete, 400 people, open access | No | Yes, if 200 or more can be present at once |
| Ticketed beer festival, 900 people, wristbands checked | Yes, enhanced tier | Assessed separately on its own peak |
| Ticketed music night, 300 people | No, under 800 | Yes, if 200 or more at peak |
| Paid-entry county show in a field, 2,000 people | Yes, enhanced tier | No, if there is no building |
| Private wedding in a hired hall, invitation only | No, not publicly accessible | Yes, if 200 or more at peak |
One thing to keep an eye on
The Act contains a power for the Secretary of State to lower the thresholds, which would bring smaller premises and events into scope than the 200 and 800 figures above. Nothing suggests that is imminent, but it is a reason to keep your capacity figures current rather than working them out once and filing them.
Common questions
Is a village fete a qualifying event under Martyn's Law?
Usually not. A qualifying event must expect 800 or more people at the same time, be publicly accessible, and require express permission to enter that someone checks, such as a ticket, payment, invitation or pass. A free fete with open access fails that third test. However, the people attending still count towards the premises capacity, which can put the venue itself into the standard tier.
What is the capacity threshold for an event under Martyn's Law?
800 or more people reasonably expected to be present at the same time at some point during the event. All qualifying events fall into the enhanced tier; there is no standard tier for events.
What does express permission mean?
Entry is conditional on something being satisfied and checked, such as a ticket, a payment, an invitation, a membership or a pass, with staff or volunteers verifying it at the entrance. Open access with nobody checking is not express permission.
Who is responsible for a qualifying event, the venue or the organiser?
Normally the organiser, because they have control of the premises for the purposes of the event. The venue remains responsible for the premises itself. Both should record in writing which duty each of them holds before the booking is confirmed.
Can an event in a public park be in scope when the park is not?
Yes. A park or field with no building is not qualifying premises, but an event held on it can still be a qualifying event if it expects 800 or more people, is publicly accessible and has checked entry conditions.