Parish and town councils meet Martyn's Law from two directions at once. They own or run buildings that may be qualifying premises, and they organise events that may be qualifying events. They also own a lot of open space that is excluded. Sorting out which is which is most of the work, and it is a governance job as much as a safety one.
Start with a list of everything you own, run or organise
Before anything else, the clerk should draw up one list covering every building and every regular event, with three facts against each: who controls it day to day, the most people who could be there at once including staff and volunteers, and whether entry is ever controlled or charged for. That list is what the council will make decisions from, and it is the first thing anyone will ask to see.
| What the council has | Usually |
|---|---|
| Village hall or community centre it runs directly | In scope if 200 or more can be present at once. Standard tier for most |
| Hall it owns but a separate management committee runs | Premises may be in scope; the duty normally sits with the committee that controls it |
| Sports pavilion or clubhouse | In scope only if the building itself can reach 200 |
| Park, playing field or recreation ground with open access | Excluded |
| Free fete, fair or fireworks with open access | Not a qualifying event, whatever the numbers |
| Ticketed or paid-entry event for 800 or more | Qualifying event, enhanced tier |
Who is the responsible person: the council or the committee?
The duty sits with whoever controls the premises in connection with its use, not with whoever owns the freehold. Where the council runs a hall directly, the council itself is the responsible person, and it should name an officer, usually the clerk, to carry out the work on its behalf.
A very common arrangement is a hall owned by the parish council but run by a separate management committee, often a registered charity. There the committee normally controls the premises and holds the duty. That is worth confirming in writing with the committee now, because both sides tend to assume the other has it covered.
Whichever applies, minute the decision. A resolution naming who holds the duty for each building is the foundation everything else rests on, and it survives a change of clerk or chair.
Parks, playing fields and open spaces
Parks, gardens, recreation grounds and similar open-air spaces used for recreation are excluded where they are generally open to the public. So the playing field, the play area and the village green are normally outside the Act altogether.
Two exceptions to watch. The exclusion does not apply where access is controlled, for example a fenced area with paid or ticketed entry. And an event held on open land can still be a qualifying event in its own right, which is covered below.
Council-run events
A council event is a qualifying event only if 800 or more people are expected at once, it is open to the public, and there is a checked condition of entry such as a ticket, payment or pass. All three must apply. A free fireworks night on the recreation ground fails the third test however many people come.
Where a paid event does qualify, it falls into the enhanced tier, with heavier duties. For most parish councils that will be rare. For larger town councils running ticketed festivals it needs planning well ahead. The events guide covers the tests in detail.
Remember that people at a council event held inside or around a council building also count towards that building's capacity. A hall that is out of scope most of the year can be in scope because of the annual show.
What standard tier asks of a council building
- Notify the Security Industry Authority of the responsible person for each qualifying building
- Put in place the four procedures, evacuation, invacuation, lockdown and communication, so far as is reasonably practicable
- Make sure the people who work there, including volunteers and caretakers, know them
There is no requirement to buy equipment or commission a consultant, and the Home Office has been clear that standard tier compliance should cost time rather than money. The four procedures guide explains what each one covers for a small building.
Running it as council business
Councils that handle this well tend to treat it the way they treat insurance or the asset register: a standing item, reviewed on a cycle, with the clerk reporting and the council deciding.
- A clerk's report to full council setting out the list of buildings and events, and which are in scope
- A resolution naming the responsible person for each qualifying building
- An annual review, ideally alongside the insurance renewal, since capacity and use change
- A note in the hire agreement for each building telling hirers where the procedures are
The NALC and SLCC Martyn's Law Steering Group publishes advice notes written for the sector, and they are worth reading alongside this guide.
Councils with several buildings
Each building is assessed on its own. A town council with a town hall, two community centres and a sports pavilion may have four separate assessments, four sets of procedures, and four lists of who has been told. Keeping those consistent, and current as caretakers and volunteers change, is the part that quietly falls behind.
Common questions
Does Martyn's Law apply to parish councils?
Yes, where a council controls qualifying premises or organises a qualifying event. That typically means council-run halls, community centres or pavilions where 200 or more people can be present at once, and ticketed or paid-entry events for 800 or more. Open-access parks, playing fields and recreation grounds are excluded.
Is the parish council or the hall management committee the responsible person?
The duty sits with whoever controls the premises in connection with its use. Where the council runs the hall directly, it is the council. Where a separate management committee runs a hall the council owns, the committee normally holds the duty. Both should confirm the position in writing, and the council should minute it.
Are recreation grounds and playing fields covered by Martyn's Law?
Not where they are generally open to the public. Parks, gardens, recreation grounds and similar open-air spaces are excluded. The exclusion does not apply where access is controlled, and an event held on open land can still be a qualifying event if it meets the three tests.
Is a parish council fireworks display a qualifying event?
Only if 800 or more people are expected at once, it is open to the public, and entry depends on a checked condition such as a ticket or payment. A free, open-access display is not a qualifying event, however large.
Does a parish council need to spend money on security for Martyn's Law?
Not for standard tier buildings. The duties are procedures and awareness: deciding what people would do, writing it down and making sure staff and volunteers know it. The Home Office has said standard tier compliance should cost time rather than money.