Working out which one applies to you is the first practical step in our Martyn's Law explained overview, because it decides how much governance and evidence you need.
How the tiers are decided
Capacity is the main test, not your sector or perceived threat. The figure is the number of people who could reasonably be expected on the premises or at the event at once, taking in ordinary peaks, not a headcount on a single quiet day. If your numbers vary week to week, assess against how the premises is normally used, including busier periods.
Standard Tier (200 to 799 people)
The Standard Duty is about practical, proportionate procedures. If you're in this tier you need workable plans for:
- Evacuation: moving people out of the premises.
- Invacuation: moving people to a safer place inside.
- Lockdown: restricting access or movement.
- Communication: getting clear information to staff, visitors and, where appropriate, the emergency services.
In practice, most Standard Duty premises will not need capital investment. Written procedures, staff who understand them, and simple records are the core. Clear ownership is strongly recommended, and good-practice records show you have taken reasonable steps.
The maximum financial penalty is £10,000, with daily penalties of up to £500 for continued non-compliance.
Enhanced Tier (800+ people)
The Enhanced Duty includes everything above, plus:
- A designated senior individual responsible for compliance.
- Additional public protection measures appropriate to the premises.
- A formal compliance document that you produce and keep current.
- The ability to demonstrate compliance to the SIA on request.
The maximum penalty is £18 million or 5% of global revenue, with daily penalties of up to £50,000. The SIA has said it will act proportionately and give organisations the chance to respond first, but the scale of the penalties shows how seriously the duty is meant.
Side-by-side comparison
The education exception
Schools, colleges and universities sit in the Standard Duty regardless of capacity, reflecting existing safeguarding arrangements. See Martyn's Law for schools.
Which tier are you? A quick test
- Count the maximum number of people who could reasonably be present at once.
- Under 200: generally out of scope.
- 200 to 799: Standard Duty.
- 800 or more: Enhanced Duty.
- Shared or rented premises: responsibility generally follows whoever has control, so clarify this early and reflect it in contracts.
If you manage a large venue or stadium, our venues, stadiums and events guide explains what Enhanced Duty looks like on the ground. Once you know your tier, follow the compliance steps and checklist.