Guide ยท Updated 6 November 2026
Do beer gardens and outdoor areas count under Martyn's Law?
Short answer: yes. A beer garden, terrace or outdoor seating area that is part of your premises and used for the same purpose counts. That can push a pub that is small inside over the 200-person line.
What counts as "the premises"?
The Act covers a building, or a building together with land used with it. Government guidance gives a pub with a beer garden, and a hotel with grounds used for dining and events, as examples of land that is part of the premises. So include:
- beer gardens, patios and roof terraces
- outdoor tables and chairs you serve
- smoking shelters and courtyards inside your boundary
- marquees or covered areas you put up for the season
A public pavement licence area outside your boundary is less clear-cut. If it is part of how your venue operates, the safest approach is to include it in your count and your procedures.
How to count
- Start with the indoor number from your licence or fire risk assessment.
- Add the most people you would reasonably expect outside at the same time, on a sunny Saturday, a big match day or a summer event.
- Add the staff on shift.
If the total can reach 200 or more, even only in summer, you are in scope. Between 200 and 799 is the Standard Tier.
What this means for your procedures
Outdoor space changes the plan. Your procedures should cover:
- how you will warn people outside, where they may not hear an announcement
- which way people move: out through the garden gate (evacuation) or in, away from the danger (invacuation)
- which gates and doors can be locked quickly in a lockdown, and who holds the keys
- who checks the garden is clear
Every VenueReady pack asks about outdoor areas and builds them into your procedures.
Want it done for you? Answer one 15-minute questionnaire and we write your Standard Tier procedures, Responsible Person record, staff briefing sheet and record log, delivered within 3 working days.
General information based on the Terrorism (Protection of Premises) Act 2025 and the Home Office and SIA guidance as at 6 November 2026. Not legal advice. Official sources: SIA: Understanding Martyn's Law and ProtectUK.
More guides: all Martyn's Law guides.