Markets and street markets

Most markets are out of scope: an open-air street market has no building and no controlled entry, so it is neither a qualifying premises nor a qualifying event. The one that can be caught is a covered market hall busy enough to reach 200 — and then the duty is on the operator, not the stallholders.

By Andrew Wood · arx Partners · 6 min read · Last reviewed October 2026

Most markets are not caught by Martyn’s Law at all. An ordinary open-air street market has no building and no controlled entry, so it is neither a qualifying premises nor a qualifying event. The one that can be in scope is a covered market hall busy enough to reach 200 people at once — and even then it sits in the lighter Standard tier, and the duty falls on whoever runs the hall, not on the individual stallholders.

The short version

  • A market is only a qualifying premises if it is in a building (or a building and some land) and 200 or more people may be present at the same time. An open-air market with no building does not meet that test.
  • An open market is only a qualifying event if it expects 800 or more people and controls entry — a ticket, a payment or a pass behind a defined boundary. A free, walk-in street market is neither.
  • A covered or indoor market hall is a building in retail use, so it is in scope if it reaches 200 — counting shoppers, traders and staff together. Most are under that; large city market halls can reach it.
  • The responsible person is the market operator — the council, company or landlord that runs and controls the market — not the individual stallholder.
  • If in scope, it is almost always the Standard tier: simple procedures, no equipment — see what you do not have to buy.
  • It is not in force yet. Commencement is expected spring 2027 at the earliest.

Is my market even in scope?

Start with the building. Martyn’s Law applies to premises, and a qualifying premises has to include at least one building. An open-air street market — stalls along a high street, on a square or in a car park — is open land with no building, so on its own it is not a qualifying premises. That rules most street markets straight out.

The other way a market could be caught is as a qualifying event, and that is a high bar: 800 or more people expected at once, open to the public, and controlled entry — a ticket, a payment or a members-and-guests pass — behind a defined boundary. An ordinary market people wander in and out of for free has no such entry condition, so it is not a qualifying event either. Our guide what counts as a qualifying event? walks through that test.

Covered market halls are the exception

A covered market hall — a building full of stalls and units — is a different case. It is a building, and selling goods is a qualifying use, so it is a qualifying premises if it is reasonable to expect 200 or more people present at the same time, from time to time. Count everyone in the building at its busiest: shoppers, the traders behind the stalls, and any staff.

A small town market hall on a normal day is usually comfortably under 200 and out of scope. A large city market hall, or one that fills up for a Saturday or a seasonal event, can reach it. If it does, it is the Standard tier (200–799); only a hall where 800 or more may be present at once would reach the Enhanced tier. Our guide how to work out if you reach 200 helps you make that count and write down your reasoning either way.

Who is responsible — the stallholders or the operator?

The person who controls the premises: the body that runs the market and makes the decisions about how it operates — usually the local council, a market company or the landlord of the hall. An individual stallholder is not the responsible person, any more than someone who hires a room for an afternoon is. They rent a pitch; they do not control the building. Our guide hall hire: who is responsible? explains that control-not-use distinction, and it works the same way for a market.

If the market runs inside another venue — a shopping centre, say — then it is the operator of that venue who carries the duty for the building, not each trader within it.

When a market is a qualifying event

There is one case to keep separate. A large ticketed market — a paid food or drink festival, or a Christmas market with a fenced site and 800 or more people through a controlled entrance — can be a qualifying event in its own right, even on open land. That is a separate category from the everyday market, with the event rules applying for as long as it runs. For the ordinary free market, though, you stay out of scope on both counts.

So what would a market hall actually have to do?

If a covered market is in scope, the Standard-tier duties are light. Once the law is in force you would notify the regulator (the SIA) that you are the responsible person — the portal for that is not open yet, so there is nothing to register today — and put simple public protection procedures in place, so far as is reasonably practicable: how you would get people out (evacuation), move them somewhere safer inside (invacuation), secure the building (lockdown), and pass on a clear instruction (communication).

There is no mandatory equipment, no building works, no certified course and no consultant — see what you do not have to buy. For a market it comes down to knowing your exits, agreeing who takes charge, and working out how you would get a calm message to a busy hall and to the traders in it.

You have time

Martyn’s Law is not in force yet. The statutory guidance was published on 15 April 2026, and commencement is expected in spring 2027 at the earliest, after a minimum 24-month implementation period. That is time to settle whether your market is in scope and, if it is, to get a simple plan in place without a rush.

Where the definitive answer is

For definitive information about whether your premises or event is within scope and what is required, refer to the current statutory guidance issued under the Terrorism (Protection of Premises) Act 2025.

This article is general guidance, not legal advice, and it is not a substitute for the statutory guidance. For definitive information about whether your premises or event is within scope and what is required, refer to the current statutory guidance issued under the Terrorism (Protection of Premises) Act 2025.