Terrorism (Protection of Premises) Act 2025: Assessment of the number of individuals expected to be present (formerly known as 鈥榗apacity calculations鈥�)

Question 1

1.  How to assess how many individuals are reasonably expected to be present

Accepted Answer

A range of methods can be used to make a reasonable assessment. This includes methods which those responsible for premises and events may already be familiar with, e.g. safe occupancy calculations for the purposes of fire safety or use of historic data.

A. Safe occupancy for fire safety purposes

Many types of premises have a safe occupancy number for fire safety purposes (i.e. the number of individuals who may safely be accommodated at the premises). That safe occupancy number is calculated in accordance with the methods set out in relevant guidance. For example, the guidance that accompanies the Building Regulations 2010 ^{[footnote 2]} sets out two methods to determine how many individuals can safely be accommodated inside a building (or equivalent structures).

The first method uses floor space factors to establish a maximum density of individuals depending on how that area is used. The second method identifies an听exit capacity to determine the maximum number of individuals based on the number and width of exits. 听

The lowest figure of the two calculations determines safe occupancy听(of individuals) for fire safety.听

This method of assessment may be suitable when the actual numbers of individuals who attend particular premises are not known.

Example: A caf茅 on the high street establishes a safe occupancy figure of 250 individuals at the premises. This figure includes those working at the caf茅. 听The caf茅 is often full to capacity, and it is assessed that it is reasonable to expect 250 individuals at the premises at the same time. The caf茅 is standard duty premises.

B. Historic attendance data

Historic data听showing听actual usage and numbers present at premises or events can be used.听 The final assessment should take into account the number of individuals working at the premises or event.

Example: A large pub establishes a safe occupancy figure of 875 individuals at any single point in time.听However, the pub鈥檚 historic data over the last 12 months shows actual usage by visiting members of the public has reached a maximum of 725 individuals (during peak seasonal periods, Summer and Christmas). Using this data and on checking the maximum number of staff working at any given point in the year (15 employees) the pub can demonstrate that it is below the threshold for enhanced duty premises, as the number of individuals who might reasonably be expected to be at the pub at the same time did not exceed 740 (over the last year) and is not expected to in future. The pub would be in scope as standard duty premises.

C. Fixed seating and/or standing positions

Depending on the nature of the business, the number of fixed seats and / or fixed standing areas may be used to contribute to an assessment of the number of individuals that it is reasonable to expect. The assessment must take account of those working at the premises or event.

Example: A restaurant has indoor and outdoor dining areas. There is fixed seating for a maximum of 450 individuals at once. It is assessed that a maximum of 30 staff members will be working at any given point in time and the restaurant is full at peak times. As such, it is reasonable to expect no more than 480 individuals at the premises at the same time. This figure reflects the number of individuals at peak capacity. The restaurant is standard duty premises.

D. Tickets and Pre-registration

For a premises or an event that limits attendance based on the sale of tickets or pre-registration, the maximum number of tickets issued or those registered can be used to make the assessment. Those working in connection with the premises or event must be added to the number of ticket sales or pre-registration in the final assessment.

Example: A music event, which is open to the public by purchasing a ticket prior to entry, takes place in a large field. 850 tickets were on sale and tickets are checked by security on entry. Based on actual tickets sales and those working at the event, it is reasonably expected that 900 individuals will be present at the same time (i.e. 850 ticket holders and 50 staff). This is a qualifying event.

Example: A one-off event, which is open to the public, is to be held at a warehouse. The event is free, with a requirement that individuals must register online prior to attendance. The event organiser restricts attendance (through staff controlling the doors) for safety reasons to a maximum of 850 registered attendees. It is expected that the event will be full, as there will be 850 registrants and 50 members of staff working in connection with the event. This is a qualifying event.

E. Restrictions听

If there are restrictions on attendance as part of the conditions for an event taking place or premises being used, this figure might be relevant to determine the number of individuals. For example, a maximum attendance/capacity figure attached to an entertainment licence.

Example: An event takes place in a standard duty premises. The premises does not fall within the exempted categories under Schedule 2. The premises operator allows an event organiser to host a one-off art exhibition. The event organiser chooses to restrict the sale of tickets to 900 individuals per day. To maximise visitor experience they also choose to stagger attendance and not permit more than 200 individuals, including those working at the event at the exhibition at any one time. The responsible persons can use this restriction to demonstrate a reasonable expectation of 200 individuals present at the event at the same time. This would mean the event would not fall in scope of the legislation.

F. Other means of assessing

There may be some premises where the above methodologies (A-E) do not, for various reasons, provide an accurate representation of the actual usage of premises or the number of individuals that it is reasonable to expect at the same time. Where that is the case, determinations can be made using other means of assessing attendance numbers so long as the method can be justified as reasonable.

Example: A garden centre consists of a building and a large outdoor area for the display and sale of goods. The operator does not count customer numbers and considers that its fire safety occupancy figure is significantly greater than the numbers who attend at peak times. It uses its records, such as staff rotas at peak times, transactions and an assessment of the number of customers that visit without making a purchase to provide an assessment of numbers present at the same time (during its busiest trading time).

Question 2

2.  Premises: Reasonable to expect from time to time

Accepted Answer

The assessment is of the number of individuals who may be expected to be at the premises at the same time, from time to time. The reference to 鈥渇rom time to time鈥� reflects the fact that many types of premises will experience fluctuations in the number of individuals that they host and may have more than 200 or 800 individuals from time to time. The thresholds may be met only on certain nights of the week, or at certain times of the year, but can overall be considered to be met 鈥渇rom time to time鈥�. Where that is the case, and similar attendance can be expected in the future, the premises will fall within scope.听听

Time to time does not refer to an average attendance, for example over a day or a week. It does not bring into scope premises that unexpectedly hit the threshold as one-off and it is not expected to do so again.

| Example: The fire safety risk assessment establishes a safe occupancy figure of 250 individuals. However, based on its historic data, the number of individuals it is reasonable to expect at the premises is 180 (including those working at the premises). On one unforeseen occasion 250 individuals are unexpectedly present. If this one-off circumstance is not expected to be repeated, then the premises would remain out of scope.

Question 3

3.  Events Reasonable to expect at some point

Accepted Answer

To qualify as an event, it should be reasonable to expect 800 or more people present, at the event at the same time. This criterion will be met if the threshold is met at any point during the event. For example, if an event takes place over a four-day period, and the event organiser only expects to meet this criterion during the event鈥檚 final day, the event will be in scope of the legislation for its duration.

The organiser can use any reasonable method of assessing the number of individuals who may be expected to be present at the event and the assessment should include individuals working at the event.

For example, the organisers of many events will know the precise numbers of tickets that they have sold and when the 800 figure is likely to be reached. Other methods include looking at the numbers of individuals who have attended the event in the past, or utilising fire safety requirements to understand the number of individuals who may safely be accommodated at the premises.听听

Example: An event takes place in a field from Thursday to Sunday, which does not restrict ticket sales. Historical data is used to ascertain whether their event can reasonably expect 800 individuals to be present, including those working in connection with the event, at any one point. The reasonable expectation threshold is met bringing the event in scope for the entire 4 days, even if on some days the 800 threshold is not met.

Question 4

4.  Considerations when assessing the number of individuals at qualifying premises and events

Accepted Answer

1. Individuals working at the premises or events

The assessment must include individuals working at a qualifying premises or qualifying event irrespective of the method used.

2. Immediate vicinity

It is not required to take account of the immediate vicinity of premises or events (such as the pavement used by customers outside the pub鈥檚 entrance) when making the assessment.

However, as these areas could present vulnerabilities, those responsible for qualifying premises and events are required to consider these areas when ensuring appropriate procedures and / or measures are in place.

Further information on the requirements can be found in the standard duty requirements factsheet.

Question 5

Footnotes

Accepted Answer

Standard duty premises comprise the 鈥渟tandard tier鈥�, whereas enhanced duty premises and qualifying events make up the 鈥渆nhanced tier鈥�.听鈫‐u003c/a>

For example, the Building Regulations Approved Document B (fire safety) Volume 2 (BR ADB) for England and Wales听鈫‐u003c/a>

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