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Hotel compliance FAQ

Martyn's Law, the Tipping Act, fire safety and food hygiene ratings — what UK law actually says, in plain English. This is general information for hotels, not an assessment of any specific property, and it is not legal advice.

Questions and answers

Is Martyn's Law in force yet?

Martyn’s Law is not in force yet — there is no legal duty to comply, and no need to notify the SIA, until it commences (expected spring 2027). The Terrorism (Protection of Premises) Act 2025 received Royal Assent on 3 April 2025 and is expected to come into force in spring 2027. This is a get-ready-before-the-duty-starts item, not an overdue obligation.

What are the Martyn's Law tiers, and do they apply to hotels?

Martyn's Law sets a standard tier for premises where 200–799 individuals may reasonably be expected to be present at the same time, and an enhanced tier at 800 or more. Whole-premises peak headcount — the most individuals reasonably expected to be present at the same time, from time to time, INCLUDING staff, volunteers and contractors. Not a single room. A hotel can fall into either tier, or neither, depending on its own capacity — this page is general information, not an assessment of any specific hotel.

What does the Tipping Act require hotels to do with tips and service charges?

The Employment (Allocation of Tips) Act 2023 has been in force since 1 October 2024. An employer must ensure that the total amount of the qualifying tips, gratuities and service charges paid at, or otherwise attributable to, a place of business is allocated fairly between workers of the employer at that place of business (Employment Rights Act 1996 s.27D(1), inserted by the Employment (Allocation of Tips) Act 2023).

Do hotels need a written tipping policy, and how long must records be kept?

Where qualifying tips are paid at, or otherwise attributable to, a place of business on more than an occasional and exceptional basis, the employer MUST have a written tipping policy for that place of business and make it available to all workers there (ERA 1996 s.27I(1), (3)). Where qualifying tips are paid on more than an occasional and exceptional basis, the employer must create a record of how every qualifying tip has been dealt with and MAINTAIN that record for THREE YEARS beginning with the date the tip was paid (ERA 1996 s.27J(1)). Tips must also be allocated and paid to workers no later than the end of the month following the month they were paid — For example, a tip left by a customer on 23 June must be distributed by 31 July at the latest (Code para 33).

Who is responsible for fire safety in a hotel?

In a workplace, the "responsible person" is the employer if they have any control of the premises; otherwise it is the person who has control of the premises (e.g. the owner or occupier). For a hotel this is normally the operator/employer.

What changed for hotel fire risk assessments in 2023?

Since 1 October 2023 the responsible person must RECORD the fire risk assessment IN FULL, and record the identity of the person/organisation who carried it out, REGARDLESS of the number of employees (Fire Safety (England) Regulations 2022; s156 Building Safety Act 2022 amending Article 9 of the Fire Safety Order). Before that, only premises with five or more employees, a licence, or an alterations notice had to record it.

What is the Food Hygiene Rating Scheme (FHRS)?

The Food Standards Agency scores food businesses in England, Wales and Northern Ireland on a 0–5 scale: Rated 5 — Very good; Rated 4 — Good; Rated 3 — Generally satisfactory; Rated 2 — Improvement necessary; Rated 1 — Major improvement necessary; Rated 0 — Urgent improvement necessary. The rating shown on each hotel's page is the FSA's own published verdict, not HotelGuard's. The FSA's own explainer: https://www.food.gov.uk/business-guidance/food-hygiene-rating-scheme-fhrs

Is Scotland's food hygiene rating the same scheme?

No. Scottish premises are rated under the separate Food Hygiene Information Scheme (FHIS), which uses a pass / improvement-required outcome rather than the 0–5 scale used in England, Wales and Northern Ireland.

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