Quick answer
As at 25 October 2026, the substantive premises and event duties are not yet in force. Prepare by checking the current official criteria: the defined premises, Schedule 1 use, reasonably expected numbers, exclusions and actual control. Qualifying events have separate criteria. Recheck commencement before publication or implementation decisions.
Check commencement before treating a requirement as operative
The current Home Office statutory guidance, updated 25 August 2026, was issued ahead of substantive commencement. It describes an implementation period of at least twenty-four months from Royal Assent on 3 April 2025; that does not itself set the eventual start date.
The June 2026 commencement instrument starts specified SIA guidance/advice and revenue-statement provisions. It does not commence the substantive venue duties. Keep this status check current rather than assuming that publication of guidance means every duty is already enforceable.
Check all four premises criteria
Under section 2 of the Act, scope depends on the following criteria together:
| Check | Question for the venue |
|---|---|
| Defined premises | Does the relevant building, part/group of buildings or building-and-land arrangement meet the definition? |
| Relevant use | Is it wholly or mainly used for one or more Schedule 1 uses? |
| Expected numbers | Can 200 or more individuals reasonably be expected simultaneously from time to time in connection with those uses? |
| Exclusions | Do any relevant Schedule 2 exclusions or special provisions apply? |
Usual qualifying-premises tiers are standard below 800 and enhanced at 800 or more, subject to the Act’s special cases and aggregation rules. Do not decide the answer from the word “restaurant”, a daily average or a seating figure alone.
Check events separately and use the right counting evidence
Section 3’s event criteria include an expected 800 or more simultaneously, public access and specified checked or secured admission arrangements, together with the other conditions and exclusions. An event and its host premises are not interchangeable tests.
Use the current guidance to decide the relevant boundaries, uses and reasonable expectation, including staff where applicable. Record the evidence and uncertainty. Seek suitable advice for mixed uses or complex premises rather than inventing an extra general public-access condition for every qualifying premises.
Identify control of the relevant use, including leased venues
Section 4 links responsibility to control connected with the relevant Schedule 1 use or event, with principal-use and multiple-person provisions.
The corrected pub example in the August 2026 guidance illustrates the point: a tenant controlling the relevant pub use can be responsible even where another business owns the property or holds the licence. Check actual arrangements and control rather than assigning responsibility solely from the licence or lease heading.
Prepare using the official procedures and appropriate learning
Record the scope assessment, responsible contacts and matters needing further advice. Coordinate preparation with the venue’s existing emergency, fire and accessibility arrangements, using the correct national duties.
The Home Office guidance does not require a particular paid course. It does explain that appropriate staff understanding, instruction or training is important to making procedures and measures effective. A generic certificate cannot determine the venue’s scope or demonstrate that its own arrangements work.
This guide checks scope and status; use the official material and suitable competent help for the venue’s actual protective arrangements.
Next steps
Keep a dated scope-and-responsibility record using the current Act and official guidance. Recheck commencement, amended guidance and any SIA material before publication and before making operational or purchasing decisions.
Check current Home Office Martyn’s Law guidance — Commencement, scope and official guidance are time-sensitive; use the current primary source before acting.