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Determining the capacity of a licensed premises

Determining the capacity of a licensed premises involves several factors, including legal requirements, safety regulations, and the layout of the venue. Properly calculating the capacity ensures compliance with local laws and helps maintain the safety of patrons and staff. Licensing Professionals have prepared this step-by-step guide to determining the capacity of a licensed premises:


1. Understand Legal Requirements

  • Local Regulations and Licensing Laws: Each jurisdiction will have its own set of rules governing the maximum number of people allowed on a licensed premises. These regulations are usually enforced by local government bodies, fire departments, or licensing authorities.

  • Occupancy Permits: Often, a licensed premises must obtain an occupancy permit that clearly states the maximum capacity allowed. This number is typically based on the venue's size, layout, and exits, and it may vary for different sections of the premises (e.g., indoor vs. outdoor areas).

  • Alcohol Licensing Requirements: Some alcohol licensing authorities may impose specific capacity limits depending on the type of license held, particularly for venues that serve alcohol late at night or that host entertainment events.


2. Assess the Physical Layout of the Premises

  • Square Footage per Person: A standard way to calculate capacity is to determine how much space each person requires. This varies based on the type of venue:

    • Standing Areas (e.g., bars or clubs): Typically, around 0.5 to 0.6 square meters (5 to 7 square feet) per person.

    • Seated Areas (e.g., restaurants): Seated guests typically need more space, approximately 1 to 1.5 square meters (10 to 15 square feet) per person.

    • Combination of Standing and Seated Areas: Some premises have a mix of standing and seating areas, requiring different calculations for each section.

  • Furniture and Fixtures: Consider the placement of tables, chairs, bars, dance floors, and other fixtures that take up space. These must be subtracted from the total area before determining capacity.


3. Fire and Safety Regulations

  • Emergency Exits: The number and size of emergency exits are critical in determining capacity. Fire codes often specify how many people can be accommodated based on the available exit routes. For example, there might be a rule that for every 100 people, there must be a certain width of exit doorways (e.g., 90 cm or 35 inches wide).

  • Access to Exits: Pathways to exits must be clear and free of obstructions. This includes ensuring that furniture and decorations don’t block escape routes.

  • Fire Safety Measures: Local fire authorities typically conduct inspections to assess whether the premises has sufficient safety measures like fire alarms, sprinklers, and extinguishers, and they will factor this into the capacity limits.


4. Calculate Usable Space

  • Total Usable Space: Determine the total usable space within the premises by measuring the square footage or square meters of each room or area. Deduct non-usable spaces such as kitchens, storage rooms, restrooms, and staff areas from the total floor space.

  • Capacity for Different Areas: Some venues have multiple sections, such as a main bar, lounge area, outdoor patio, or dance floor. Each section will have a different capacity based on its size and function. Calculate capacity for each area and ensure that the total capacity doesn’t exceed the legal limit.


5. Consider Special Event Capacity

  • Temporary Adjustments for Events: If the premises occasionally hosts events such as concerts, private parties, or themed nights, capacity may need to be temporarily adjusted. For example, removing tables and creating more standing room can increase capacity, but this must still comply with fire safety and licensing regulations.

  • Security and Staffing: For events where a larger crowd is expected, there may be additional regulations regarding the number of security staff and crowd control measures, which can also affect capacity limits.


6. Consult with Professionals

  • Fire Safety Officers: In many cases, a fire marshal or safety officer will assess the premises and help determine the maximum occupancy based on fire safety codes.

  • Architects and Building Inspectors: For new or renovated premises, consulting with architects or building inspectors can help ensure that the layout is compliant with occupancy limits, especially when considering structural factors like walls, staircases, and exits.


7. Capacity Monitoring Tools

  • Clickers or Digital Counters: During busy times or events, it’s important to keep track of the number of people entering and exiting the premises. Staff can use clickers, digital counters, or automated systems to monitor the real-time number of patrons and ensure capacity is not exceeded.

  • Smart Technology Solutions: Some venues use advanced technology like CCTV and occupancy sensors to monitor capacity in real time, particularly for larger events where manual counting might be difficult.


8. Regular Audits and Reviews

  • Reassess Capacity Over Time: Capacity should be reassessed periodically, especially after renovations, layout changes, or if the premises is used for different purposes. Local regulations may also change, requiring the business to update its capacity limit.

  • Documentation: Keep official documentation, such as the occupancy permit and fire safety assessment, easily accessible. This will be needed during inspections by licensing or fire authorities.


9. Staff Training and Awareness

  • Training on Capacity Limits: Staff should be aware of the legal capacity limit and trained to monitor it, particularly during peak hours or events. Overcrowding can lead to safety hazards and legal penalties.

  • Communication During Events: For events that draw large crowds, staff should be well-coordinated and communicate regularly about capacity levels, especially security or door staff managing entry and exit.


Determining the capacity of a licensed premises - Conclusion


Determining and adhering to the capacity limits of a licensed premises is essential for compliance with the law, ensuring customer safety, and creating a pleasant environment. Careful consideration of the premises' layout, safety regulations, and usable space, along with regular monitoring, will help avoid overcrowding and potential legal issues.


Licensing Professionals provide training and advice for all aspects of the Licensing Act 2003. Contact us today to arrange a FREE consultation.



Licesning Professionals guide to the Licensing Act 2003
Determining the capacity of a licensed premises

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