MARTYN’S LAW · PRACTICAL GUIDE
A restaurant’s seating plan is one part of the picture. Look at the people reasonably expected together, the spaces in use and how kitchen and front-of-house teams receive instructions.
Reviewed 14 October 2026 · Free to use · No account needed
Food and drink consumed on premises by visiting members of the public is a listed use. The premises test also considers the building, expected simultaneous attendance and exclusions. The ordinary threshold starts at 200 people, including staff, with enhanced tier ordinarily starting at 800. A restaurant within a hotel or shopping centre may need boundary and responsibility review.
Optional preparation prompts. Agree the local arrangements with the responsible organisation.
Include private dining, a terrace and any separately operated area in the boundary discussion. Record which configuration the published capacity describes.
Ask the operator to review bookings and staffing for the busiest relevant service. Keep a range unknown if the evidence cannot support it.
Agree who briefs reception, kitchen, floor, cleaning and temporary teams on the local procedures relevant to their roles.
Ask each team how it receives instructions and what the agreed fallback is. Refer to the local plan for the actual method.
Moving people out of the premises or relevant area, away from danger.
Moving people to a place within the premises where the risk of harm is lower.
Securing the premises against entry or exit as the circumstances require.
Giving people at the premises the information they need.
After commencement, the responsible person must ensure appropriate procedures are in place so far as reasonably practicable. Local circumstances determine which actions are suitable. Relevant people need to understand their roles.
A private dining booking runs alongside normal service. Ask the kitchen and front-of-house leads to explain who gives instructions, how the two groups receive consistent information and who follows up an unanswered question.
Choose a proportionate format and timing. Keep the outcome focused on questions, agreed actions and who will follow them up. This is an optional exercise.
It may support the review, but the statutory attendance test concerns everyone reasonably expected together in connection with the use, including staff. Confirm the relevant layout and busy periods.
Confirm whether it is separate premises, part of the same premises or nested within qualifying premises. The control and co-ordination questions can differ.
Source review: 14 October 2026. OnSiren publishes these guides independently, based on the official sources listed here. The linked organisations retain their official roles, and OnSiren makes no claim of endorsement by the Home Office or the SIA.