Licensing your building as an approved venue

The Marriages and Civil Partnerships (Approved Premises) Regulations 2005 enable premises approved by local authorities, such as hotels and stately homes, to be used for the solemnisation of civil marriages and the formation of civil partnerships.

Below are guidance notes and the conditions to be attached to grants of approval as well as an application form. For further information contact: lifeevents@bedscc.gov.uk |or telephone Bedfordshire Register Office on (01234) 290450.

Annex A - Notes on the Requirements before an Approval can be Granted

The non-returnable fee for this application must be submitted with the application to the Proper Officer for Registration Matters at Bedfordshire County Council, County Hall, Cauldwell Street, Bedford, MK42 9AP.

The application must be made by the proprietor or trustee of the premises. When made on behalf of a limited company there should be a separate statement of the names and addresses of all the directors.

The premises must fulfil the following standard requirements in Schedule 1 to the Regulations:

1.1 Having regard to their primary use, situation, construction and state of repair, the premises must, in the opinion of the authority, be a seemly and dignified venue for the proceedings.

1.2. The premises must be regularly available to the public for use for the solemnization of marriages or the registration (formation) of civil partnerships.

1.3. The premises must have the benefit of such fire precautions as may reasonably be required by the authority, having consulted with the fire/ fire and rescue authority, and such other reasonable provision for the health and safety of persons employed in or visiting the premises as the authority considers appropriate.

1.4. The premises must not be-

(a) religious premises as defined by section 6(2) of the Civil Partnership Act 2004;*
(b) a register office, but this paragraph does not apply to premises in which a register office is situated provided that the room which is subject to approval is not the same room as the room which is the register office.

1.5. The room or rooms in which the proceedings (marriage or civil partnership) will be held if approval is granted must be identifiable by description as a distinct part of the premises.

* "Religious premises" means premises which are used solely or mainly for religious purposes, or have been so used and have not subsequently been used solely or mainly for other purposes. 

The premises must also fulfil the following requirements set by Bedfordshire County Council:

2.1 The room or rooms in which ceremonies of marriage will be solemnized must be arranged in such a way to allow free access to disabled people.

2.2 The premises must have at least one additional private room for confidential interviewing of the bride and groom reasonably adjacent to the room in which the solemnization of marriage will take place.

2.3. The premises must provide sufficient toilet facilities (including disabled) within a reasonable distance of the room(s) in which solemnization of marriage will take place.

In considering the suitability of premises as a venue, Bedfordshire County Council will have regard to the following Guidance from the Registrar General:

3.1. The laws relating to "approved premises" are intended to allow proceedings to take place regularly in hotels, stately homes, civic halls and similar premises without compromising the fundamental principles of English law and Parliament's intention to maintain the solemnity of the occasion.

3.2. The term "premises" is defined in Regulation 2(1) as a permanently immovable structure comprising at least a room or any boat or other vessel which is permanently moored. Any premises outside this definition, such as the open air, a tent, marquee or any other temporary structure and most forms of transport, would not be eligible for approval. In addition, there are requirements in Schedule1 that must be met before an approval can be granted.

3.3. The premises must be a seemly and dignified venue for the proceedings, which must take place in an identifiable and distinct part of those premises. The primary use of a building would render it unsuitable if that use could demean proceedings or bring them into disrepute.

3.4. The premises must not be religious premises as defined by section 6(2) of the Civil Partnership Act 2004. These are premises which are used solely or mainly for religious purposes or which have been used solely or mainly for religious purposes and have not been subsequently used for other purposes. A building that is certified for public worship would fall into this category as would a chapel in a stately home or hospice. However, premises in which a religious group meets occasionally might be suitable if the other criteria are met.

3.5. The premises must not be any part of a register office on the plan submitted by the authority and approved by the Registrar General under the Registration Service Act 1953. Any rooms in the same premises as the register office that aren't on this plan, e.g. a council chamber in the same town hall, can be approved but a room in a register office cannot be approved. However, an authority can set its fee for attending a marriage or civil partnership on approved premises at the same level as the prescribed fee for a marriage or civil partnership in a register office.

3.6. The premises may be used for the solemnisation of marriages and the registration of civil partnerships but must be regularly available to the public for use for one or the other. Under the terms of the Equality Act (Sexual Orientation) Regulations 2007 (which came into effect on 30 April 2007) it is unlawful for a person concerned with the provision of public goods, facilities or services to discriminate against a person who seeks to use those goods, facilities or services on the grounds of the sexual orientation of that person. The holder of an approval who does not allow premises to be used for both marriage and civil partnership, or who provides accommodation, services or facilities for one and not the other, is liable to legal action as a result. In common with other equality legislation, this action would need to be taken by the parties concerned against the holder of the approval. The local authority that granted the approval has no powers to act or intervene, unless, of course it is the holder of the approval.

3.7. The requirement that the premises must be regularly available for use by the public will preclude a private house from being approved.

Annex B - The Conditions to be Attached to Grants of Approval

BedfordshireCounty Council must attach the following standard conditions from Schedule 2 to the Regulations to any approval. Proceedings means the solemnisation of a marriage or the registration of a civil partnership and does not refer to any other activities on the premises.

4.1. The holder of the approval must ensure that there is at all times an individual with responsibility for ensuring compliance with these conditions ("the responsible person") and that the responsible person's occupation, seniority, position of responsibility in relation to the premises, or other factors (his "qualification"), indicate that he is in a position to ensure compliance with these conditions.

4.2. The responsible person or, in his absence, an appropriately qualified deputy appointed by him, shall be available on the premises for a minimum of one hour prior to and throughout each of the proceedings.

4.3. The holder must notify Bedfordshire County Council-

(a) of his name and address immediately upon him becoming the holder of an approval under regulation 7(2); and,

(b) of the name, address and qualification of the responsible person immediately upon the appointment of a new responsible person.

4.4. The holder must notify Bedfordshire County Council immediately of any change to any of the following -

(a) the layout of the premises, as shown in the plan submitted with the approved application, or in the use of the premises;

(b) the name or full postal address of the approved premises;

(c) the description of the room or rooms in which the proceedings are to take place;

(d) the name or address of the holder of the approval; and,

(e) the name, address or qualification of the responsible person.

4.5. The approved premises must be made available at all reasonable times for inspection by Bedfordshire County Council

4.6. A suitable notice stating that the premises have been approved for the proceedings and identifying and giving directions to the room in which the proceedings are to take place must be displayed at each public entrance to the premises for one hour prior to and throughout the proceedings.

4.7. No food or drink may be sold or consumed in the room in which proceedings take place for one hour prior to during those proceedings.

4.8. All proceedings must take place in a room which was identified as one to be used for that purpose on the plan submitted with the approved application.

4.9. The room in which the proceedings are to take place must be separate from any other activity on the premises at the time of the proceedings.

4.10. The arrangements for and content of the proceedings must meet with the prior approval of the superintendent registrar of the district, or the registration authority of the area, as the case may be, in which the approved premises are situated.

4.11. (1) Any proceedings conducted on approved premises
                shall not be religious in nature. 

(2)  In particular, the proceedings shall not :

(a) include extracts from an authorised religious marriage service or from sacred religious texts; 

(b) be led by a minister of religion or other religious leader;

(c) involve a religious ritual or series of rituals;

(d) include hymns or other religious chants; or

(e) include any form of worship.

(3) But the proceedings may include readings, songs or music that contain an incidental reference to a god or deity in an essentially non-religious context.

(4) For this purpose, any material used by way of introduction to, in any interval between parts of, or by way of conclusion to the proceedings shall be treated as forming part of the proceedings.

4.12. Public access to any proceedings in approved premises must be permitted without charge.

4.13. Any reference to the approval of premises on any sign or notice, or on any stationery or publication, or within any advertisement may state that the premises have been approved by Bedfordshire County Council as a venue for marriage in pursuance of section 26(1)(bb) of the Marriage Act 1949, and the formation of civil partnerships under section 6(3A)(a) of the Civil Partnership Act 2004 but shall not state or imply any recommendation of the premises or its facilities by Bedfordshire County Council, the Registrar General or any of the officers or employees of either of them.

4.14. If a change of name to the approved premises occurs after the issue of the certificate for marriage or the civil partnership document, but before the proceedings, the former name of the approved premises as recorded in the certificate for marriage or the civil partnership document shall remain valid for its duration for the purpose of the proceedings.

Further conditions which Bedfordshire County Council considers appropriate upon grant of approval

5.0 The premises must satisfy Bedfordshire County Council on fire precautions, health and safety provisions and any other pertinent current legislation including the Disability Discrimination Act (DDA).

5.1 Registration staff to be allowed access to all rooms designated within the approval at least one hour before, during and one hour after the marriage ceremony without charge.

5.2 The responsible person or, in his/her absence, the named deputy will ensure that unreasonable noise, emanating from any source will not disturb any marriage ceremony.

5.3 The responsible person or, in his/her absence, the named deputy to ensure that all reasonable efforts are made that no noise, litter or any other nuisance or disturbance is caused to local residents, neighbours or others.

5.4 The responsible person or, in his/her absence, the named deputy, will ensure that any person attending the ceremony does not breach the terms of fire, health/safety or other certificates in force.

5.5 If approved rooms become unusable ie the terms of the approval are temporarily breached for any reason, the responsible person, or in his/her absence the named deputy, must inform the Proper Officer, the superintendent registrar and any couples due to marry within the timescale of the problem, immediately.

5.6 The holder must ensure that there is adequate and appropriate insurance cover.

5.7 All literature specified by Bedfordshire County Council is prominently displayed in an area where the wedding party will congregate for at least one hour before, during and one hour after the ceremony.

5.8 Any notices required by the Registrar General are displayed in a prominent position as directed by the superintendent registrar for the district in which the building is situated.

5.9 Any bar area(s) in a marriage room to incorporate non-transparent screening and to be closed one hour before and during the marriage ceremony. (see Condition 4.7)

5.10 Anyone wishing to object to the marriage would be allowed to enter regardless of the number of guests.

5.11 At the time of a booking the couple should be made aware of the limitations on numbers of guests, imposed by legislation and the approval relating to the premises.

5.12 The holder must not, under any circumstances, accept firm arrangements for the marriage of any couple on approved premises, without first receiving confirmation from the couple of availability of registration staff to perform the ceremony at the stated place, date and time. (see Part D)  

The approved premises must conform to the following:

6.1 The minimum standard for furniture is:

• One table (minimum size approx 6 x 3 ft)
• Four chairs
• One table (minimum size approx 4 x 3 ft)
• All to be available if required (to be placed under the direction of the superintendent registrar) in the room in which a marriage is solemnized.
  

Additional seating to be available, not exceeding the number permitted by health/safety and fire certificates for guests at the ceremony. The superintendent registrar will have discretion of any areas in the room which should be kept clear.

6.2   Lighting:
General lighting levels must be at a level satisfactory to the superintendent registrar. Additional portable lighting may be required in the area where entry is made in the marriage register and the register is signed.

Any switches controlling lighting in the marriage room must be under the sole control/direction of registration staff during the marriage ceremony.

6.3   Car Parking:
Two car parking spaces to be reserved for registration staff without charge at least one hour before the marriage ceremony begins. Additionally, disabled bays need to be easily identified, near the venue entrance and suitably signed.

6.4   Music:
Facilities must exist for playing standard cassettes and compact discs in the marriage room. Such facilities must be under the direct and sole control of registration staff during the entirety of the marriage ceremony.

It is the sole responsibility of the holder to comply with all current requirements under the Performing Rights and Phonographic Acts.

6.5   Telephone:
Registration staff must have access to telephone facilities, for official duties, without charge at all times they are on the approved premises, preferably in an area away from where the public may congregate.

6.6   Security:
The premises must provide facilities for the temporary secure storage of registration staff's personal effects whilst on the premises.

6.7   General:
A box of tissues, blotting paper, fresh water and four glasses should be available at each ceremony.

Annex C - Additional Information

Renewal and Reinstatement

7.1. The holder may apply for the renewal of an approval when the current approval has less than twelve months to run. An application for renewal made in this period will extend the current approval until the application has been finally dealt with. A renewal will run from the expiry date of the current approval.

7.2. If the holder fails to apply for renewal before the expiry date and the approval expires, it will be reinstated by an application for renewal made within one month of the expiry date and continue until the application has been dealt with.

Revocation

7.3. The authority may revoke an approval if it is satisfied, after considering any representations from the holder, that the use or structure of the premises has changed so that any of the standard or local requirements cannot be met or the holder has failed to comply with one or more of the standard or local conditions attached to the approval.

7.4. The Registrar General may direct the authority to revoke an approval if, in his opinion and after considering any representations from the holder, there have been breaches of the law relating to marriage or civil partnership on the approved premises. This is not subject to review by the authority.

7.5. When an approval has been revoked the regulations require the former holder to notify any couples who had arranged to marry or register a civil partnership on the premises.

Reviews

7.6. An applicant may seek a review by the local authority of its decision to refuse to grant an approval, to attach local conditions, to refuse to renew an approval or to revoke an approval.

7.7. The review must be carried out by a different officer, committee or sub-committee than that which made the decision which is being appealed against. The review panel may confirm the decision, rescind it or vary it with the imposition of fresh or further conditions.

7.8. The authority may charge an additional fee for a review of its decision to refuse to grant an approval, to attach local conditions or to refuse to renew an approval.

Registration

7.9. Details of approved premises will be held for public inspection by the authority, copied locally and sent to the Registrar General who will publicise them. 

Annex D - Guidance for Those who wish to Marry on Approved Premises

8.1. As soon as a couple have made provisional arrangements for their marriage on approved premises they should be advised to contact the superintendent registrar at the Bedfordshire Register Office, Pilgrim Centre, 20 Brickhill Drive, Bedford, MK41 7PZ. Telephone: Bedford (01234) 290450

8.2. Without the presence of the superintendent registrar and a registrar there can be no marriage and any arrangements for the use of the premises depend entirely on their availability. It is, therefore, essential that the couple make an advance booking with this superintendent registrar for their attendance at their proposed marriage as soon as a booking can be accepted. A fee for this attendance will be payable before the ceremony.

8.3. The couple will also have to give a notice of marriage to the superintendent registrar(s) of the district(s) in which they live. This notice must be given in person by each of the couple and is valid for twelve months. The couple should, therefore, attend the register office(s) where they live as soon as notice can be given. There is a fifteen day waiting period after notice has been given before the marriage can take place.

8.4. If either of the couple is subject to immigration control, there will be further procedures to take before notice of marriage can be given. The local superintendent registrar can advise further on these procedures.

8.5. The couple should be warned that any arrangements made for a marriage to take place on the approved premises are dependent on:

(a) The attendance of the superintendent registrar and a registrar for the district in which the premises are situated; and,

(b) The issue of the authority or authorities for marriage by the superintendent registrar(s) to whom notice of marriage was given.

8.6. When notice is given in a different registration district from the one where the marriage is taking place, the couple will have to collect the superintendent registrar's certificate for marriage before the ceremony and ensure that it is delivered to the registrar who is to attend the ceremony.

8.7. The couple should be advised that only a civil, non-religious ceremony can be permitted by the superintendent registrar. The content of the ceremony must be agreed in advance with the superintendent registrar who will be attending the ceremony.

8.8. Any rights of copyright for music, readings etc permitted at the ceremony are a matter for the couple and the holder of the approval. 

Annex E - Guidance for those who wish to Register a Civil Partnership on Approved Premises

9.1. As soon as a couple have made provisional arrangements for their civil partnership on approved premises they should be advised to contact the Bedfordshire Register Office, Pilgrim Centre, 20 Brickhill Drive, Bedford, MK41 7PZ. Telephone: Bedford (01234) 290450

9.2. Without the presence of the civil partnership registrar there can be no civil partnership registration and any arrangements for the use of the premises depend entirely on his or her availability. It is, therefore, essential that the couple make an advance booking with the civil partnership registrar for his or her attendance at their proposed registration as soon as a booking can be accepted. A fee for this attendance will be payable before the ceremony.

9.3. The couple will also have to give a notice of civil partnership to an authorised person of the registration authority in which they live. This notice must be given in person by each of the couple and is valid for twelve months. The couple should, therefore, attend the register office(s) where they live as soon as notice can be given. There is a fifteen day waiting period after notice has been given before the civil partnership can take place.

9.4. If either of the couple is subject to immigration control, there will be further procedures to take before notice of civil partnership can be given. The local registration authority can advise further on these procedures.

9.5. The couple should be warned that any arrangements made for a civil partnership to take place on the approved premises are dependent on:

a) the attendance of the civil partnership registrar for the area in which the premises are situated; and,
b) the issue of the civil partnership schedule by the registration authority for the area in which the premises are situated.

9.6. The couple should be advised that only a civil, non-religious registration can be permitted by the civil partnership registrar. The contents of any proceedings must be agreed in advance by the civil partnership registrar who will be attending the registration.

9.7. Any rights of copyright for music, readings etc permitted at the registration are a matter for the couple and the holder of the approval.

Carl Davies
Proper Officer for Registration Matters