Approved Premises Licensing Guidance

General guidance
Annex A - Notes on the requirements before approval may be granted
Annex B - Details of the conditions to be attached to grants of approval
Annex C - Additional information including renewal, revocation, reviews and registration
Annex D - Information for those wishing to marry or register a civil partnership on approved premises

General guidance

Marriage Act 1994 (Section 1); Civil Partnership Act 2004 (Section 6(3A)(a)); The Marriages and Civil Partnerships (Approved Premises) Regulations 2005

The enclosed application form should only be used in respect of one property but may include more than one room within the property. If there are other properties which it is felt may be suitable for the holding of civil marriage ceremonies and civil partnership registrations/ceremonies additional application forms should be submitted. Each application form should be accompanied by the appropriate fee, currently £1,400.00 (one thousand four hundred pounds) for the initial application or £1,000 (one thousand pounds) for a renewal. Cheques should be made payable to Torbay Council.
The application must be made by the proprietor of a freehold or leasehold interest in the premises or a trustee of the premises. If successful the applicant will be the holder of the approval which will run for three years from the date on which it is granted. Any change in the ownership of the premises will also change the holder of the approval. Details of any such change, and any change to the premises or responsible person, must be notified to the local authority as soon as possible.
As may be appreciated the type of property to be approved for civil marriage ceremonies and civil partnership registrations/ceremonies must adhere to the criteria which have been agreed between Torbay Council, as the local Registration Authority, in consultation with the General Register Office. Representatives from the local Registration Authority will be required to inspect the property before any decision is made and may need to ask for further information.
All applications will be processed. If the Authority considers that the property should be recommended as a suitable location for civil marriage ceremonies and civil partnership registrations/ceremonies, details will be advertised in the local press. Should any objections be received these will be dealt with by a panel of elected members who have been appointed by the Authority to deal with objections. Applicants and objectors will be kept informed of any relevant decisions.
Approval, if granted, is for 3 years (thirty six months) from the date of such approval. After such time unless an application for renewal of the licence has been obtained the property will no longer be an approved premise and no civil marriage ceremonies or civil partnership registrations/ceremonies may be arranged. During the period of the approval the Registration Authority will carry out regular inspections to ensure that the standard is maintained.
Details of approved premises, together with the date of approval, will be kept by Torbay Council as the local Registration Authority. A duplicate copy of this information will be held by the General Register Office at Southport. Amendments to this list will be notified to interested parties within 7 (seven) working days of any decision being made. This may include the granting of a new approval or the revoking of a current approval as a result of a change in circumstances. These details will also be open for public scrutiny during normal office hours.
Any alterations to the property which may affect the ceremony/registration facility must be notified to the local Registration Authority as soon as details are available. If the Registration Authority consider that these alterations may detrimentally affect marriage services or civil partnership registrations/ceremonies it will have the right to suspend the approval or revoke it, depending on the circumstances. A copy of the inspector’s report together with the Registration Authority’s decision will be forwarded to the applicant, the local Superintendent Registrar and the General Register Office at Southport. It is then the responsibility of the applicant or their representative to notify any couple who may be considering the use of the premises as a location for their marriage ceremony or civil partnership registration/ceremony. Arrangements would then have to be made by the couple with the local Register Office to hold the ceremony/registration at another location. Any costs incurred by the couple as a result of this decision may be recoverable from the applicant.
Applicants are reminded that the premises should be available for inspection within a reasonable period should the Registration Authority representative(s) and/or the Regional Inspector for the General Register Office wish to attend.
The premise, the subject of the application, must be a permanent structure and, having regard to its primary use, be a seemly and dignified venue for the solemnisation of civil marriage and the registration of civil partnerships. Regulations issued by the General Register Office preclude marriages from taking place in the open air, in a tent, marquee or any other temporary structure and in most forms of transport.
Due to the secular nature of civil marriage and civil partnership premises should have no recent or continuing religious connection. This could include any building or room which is still considered to be linked by name, purpose of architecture to any religion.
Applicants are responsible for checking with the local planning authority whether their premises need additional planning permission for the purposes of holding civil marriage ceremonies and civil partnership registration/ceremonies. If planning permission is required a copy of the relevant permission will need to be produced for inspection.
Applicants are responsible for checking fire regulations with their local Fire Safety Officer. If fire certificates are also required these will need to be produced for inspection. Basic fire precautions will also need to be available together with health and safety provisions for the staff and members of the public.
Applicants are reminded that adequate insurance cover must be provided for the premises and that their insurance company must be advised of the intended future use.
A suitable notice stating that the property is approved for the purpose of holding civil ceremonies should be displayed at all times. On the day of any marriage ceremony or civil partnership registration/ceremony a further notice should be displayed at major entrances giving directions to the ceremony/registration facility 1(one) hour prior to and during each ceremony.
Applicants are reminded that if the facility is referred to in any of their advertisements it should not be implied that the local authority or the Registration Service is recommending the premises as a venue for civil marriages and civil partnership registrations/ceremonies.
In order that the Superintendent Registrar and Registrar or Civil Partnership Registrar can be assured of arriving at the premises on time for the ceremony/registration it will be necessary for parking facilities to be provided. The parking areas should be clearly visible to all persons attending the premises and should be as close to the entrance as practicable.
The name, address and telephone number of a designated responsible person must be provided. This person must be available for at least 1 (one) hour before the ceremony/registration as well as during the ceremony/registration and should be capable of dealing with any problems which may arise. Details of a deputy responsible person should also be provided. In cases of dispute the Superintendent Registrar or Civil Partnership Registrar’s decision is final.
The physical layout of furniture in the Ceremony Room(s) should be agreed in advance with the Superintendent Registrar or Civil Partnership Registrar responsible for the Registration District in which the premises are located. On the day of the ceremony the owner of the premises or their representative will be responsible for ensuring that the agreed layout of furniture is adhered to and that the marriage or civil partnership party and guests are ready to occupy the room at the time of the ceremony.
The ceremony/registration may only take place within the room(s) for which approval has been granted. If the Superintendent Registrar or Civil Partnership Registrar attends at the property and finds that an alternative location has been provided the ceremony/registration will not take place. Applicants are also reminded that the number of persons attending the ceremony/registration should not exceed the limits laid down in planning, health and safety or fire regulations.
During the civil ceremony/registration neither alcohol nor food should be available in the Ceremony Room or any adjoining area (unless this adjoining area is separated from the ceremony/registration area).
The taking of any photographs and the use of video cameras during or after ceremonies/registrations are at the discretion of the Superintendent Registrar or Civil Partnership Registrar and should be discussed in advance.
If any music is to be played before, during or after the ceremony/registration this must be agreed in advance with the Superintendent Registrar or Civil Partnership Registrar who will decide whether the choice is appropriate. Control of the music must also be left with the Superintendent Registrar, Registrar or Civil Partnership Registrar depending on how the music system is operated.
Applicants should be aware that the granting of this approval does not mean that ceremonies/registrations will necessarily be held within the approved premises. Only if the appropriate Registration Officers are available may a marriage or civil partnership registration take place. It is the responsibility of each couple to ensure that the date and time on which they wish to be married or to register their civil partnership has been discussed with staff at the local Register Office and that a marriage or civil partnership notice has been accepted in the usual manner.
Applications for renewal of an existing approval should be made between 6 (six) and 12 (twelve) months prior to the date of expiry of the current licence. This will allow time for the application to be processed and, if renewed, for details to be circulated to Superintendent Registrars. Applicants should be aware that Superintendent Registrars are unable to accept notices of marriage or notices of intention for civil partnerships at approved premises beyond the expiry date of an approval unless an application for renewal has been received and is being processed.
Applicants are reminded that once the application fees of £1,400.00 or £1000.00 have been accepted by the Registration Authority and costs have been incurred no refund will be made.
If approved premises are not utilised as ceremony/registration venues during the period of approval no refund of fees will be made by Torbay Council as local Registration Authority.
If (an) additional room(s) to an existing approval is/are added during the 3 (three) year period applicants must provide a suitable plan of the area and pay an administration fee of £100.00 (one hundred pounds). Requests for the room(s) to be considered for inclusion must be in writing and must be accompanied by a cheque made payable to Torbay Council. Once the fee has been accepted and costs have been incurred no refund will be made.
The Torbay Registration Service may now provide non-statutory naming, renewal of marriage vows and commitment ceremonies. If you would not wish for any of these ceremonies to be held on your premises you will need to so indicate on the application form in the appropriate place.
The law governing this procedure:
1. allows the Registrar General to issue codes of practice for use by local authorities, those in charge of approved premises and registration officers;
2. requires the owner or trustee of approved premises to allow open access without charge to the room where a marriage ceremony or civil partnership registration is taking place for all members of the public at all times during the ceremony;
3. requires the parties to a marriage or civil partnership to pay the Superintendent Registrar’s fee determined by the local authority as appropriate to recover the costs of the registration officers attending the marriage ceremony or civil partnership registration. The fee shall be remitted to the local authority.

Annex A - Notes on the requirements before approval may be granted

The non-returnable fee for this application is £1730 and must be submitted with the application to Torbay Register Office, Paignton Library & Information Centre, Great western Road, Paignton TQ4 5AG.

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 of the Regulations.

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 solemnization of marriages and the formation of civil partnerships.
The premises must be regularly available to the public for use for the solemnization of marriages and the formation of civil partnerships.
The premises must have the benefit of such fire precautions as may reasonably be required by the authority, having consulted with the fire authority, and such other reasonable provision for the health and safety of persons employed in or visiting the premises as the authority considers appropriate.
The premises must have no recent or continuing connection with any religion, religious practice or religious persuasion which would be incompatible with the use of the premises for the solemnisation of marriages in pursuance of section 26(1)(bb) of the Act or the formation of civil partnerships under the Civil Partnership Act 2004.
The room or rooms in which ceremonies of marriage will be solemnized if approval is granted must be identifiable by description as a distinct part of the premises.

In considering the suitability of premises as a venue the local authority will have regard to the following Guidance from the Registrar General

1. The law is intended to allow civic marriages to take place regularly in hotels, stately homes, civic halls and similar premises without compromising the fundamental principles of English marriage law and Parliament's intention to maintain the solemnity of the occasion. The term "premises" is defined in Regulation 2(1) and there are restrictions introduced in Schedule 1. These will mean that certain premises would not be suitable for approval. I/AP Licensing (Copies of The Marriages (Approved Premises) Regulations 1995
2. Ceremonies must take place in readily identifiable premises. This will preclude marriages from taking place in most forms of transport.
3. Marriages must be solemnised, or civil partnerships formed in premises with open doors, which the Registrar General interprets to mean that the public must have unfettered access to witness the marriage or civil partnership and make objections prior to or during the ceremony.
4. A private house is unlikely to be an appropriate venue for civil marriage. It would not be known to the public as a marriage or civil partnership venue or regularly available for their use.
5. The primary use of a building would also render it unsuitable if that use could demean marriage or civil partnership or bring it into disrepute.
6. The secular nature of civil marriage and civil partnership precludes the use of any building with a recent or continuing religious connection. This effectively rules out any building or room whose description, purpose or appearance is still considered to be linked to religion. A chapel in a stately home and a building containing furniture or fittings associated with a place of religious worship, or which has stained glass windows depicting a religious image are examples of a continuing religious connection. However, premises in which a religious group meets occasionally may be suitable if the primary use of the premises is secular.
7. Marriages or civil partnerships on approved premises may be followed by a celebration, commemoration or blessing of the couple’s choice, providing that it is not a religious marriage ceremony and is separate from the civil ceremony. However, if a religious blessing were to regularly follow marriage ceremonies on a particular premises or be considered part of the service being offered on the premises, there may well be a religious connection which would breach the requirements and lead to the local authority having to consider revoking the approval.

Notes

The fee of £1730 is applicable up to 31 March 2024
The fee is payable in advance and is non-refundable if the license is not granted or renewed.
Fees can be paid by cheque payable to Torbay Council or by BACs

Bank Name: Natwest
Bank Branch: Castle Circus
Bank Sort Code: 55-70-71
Bank Account Name: Torbay Council
Bank Account Number: 06040411

Annex B - Details of the conditions to be attached to grants of approval

The following standard conditions from Schedule 2 of the Regulations are attached to this approval:

The holder of the approval must ensure that there is always 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/her "qualification"), indicate that s/he is in a position to ensure compliance with these conditions.
The responsible person or, in his/her absence, an appropriately qualified deputy appointed by him/her shall be available on the premises for a minimum of one hour prior to each ceremony and throughout each ceremony.
The holder must notify the Superintendent Registrar - (a) of his/her name and address immediately upon him/her 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.
The holder must also notify the Council immediately of any change to any of the following:
1. the layout of the premises, as shown in the plan submitted with the approved
2. application, or in the use of the premises
3. the name or full postal address of the approved premises.
4. the description of the room or rooms in which marriages are to be solemnized or civil partnerships formed.
5. the identified outside area on the premises nominated for weddings or Civil partnerships to be conducted in the open air (weather and health and safety risks permitted)
6. the name or address of the holder of the approval; and (f) the name, address or qualification of the responsible person.
The approved premises must be available at all reasonable times for inspection by the Council. I/AP Licensing
A suitable notice stating that the premises have been approved for the solemnization of marriages in pursuance of section 26(1)(bb) of the Marriage Act 1949 and for the formation of civil partnerships under the Civil Partnership Act 2004 and identifying and giving directions to the room or outside area in which a marriage or civil partnership ceremony is to take place must be displayed at each public entrance to the premises for one hour prior to the ceremony and throughout the ceremony.
No food or drink may be sold or consumed in the room in which a marriage or civil partnership ceremony takes place for one hour prior to that ceremony or during that ceremony.
All marriage and civil partnership ceremonies must take place in a room or outside area which was identified as one to be used for the solemnisation of marriages and formation of civil partnerships on the plan submitted with the approved application.
The room or outside area in which a marriage is solemnised, or a civil partnership formed must be separate from any other activity on the premises at the time of the ceremony.
The arrangements for and content of each ceremony must meet with the prior approval of the superintendent registrar of the district in which the approved premises are situated.
Any reading, music, words or performance which forms part of a ceremony must be secular in nature; for this purpose, any such material used by way of introduction to, in any interval between parts of, or by way of conclusion to the ceremony shall be treated as forming part of the ceremony.
Public access to any ceremony of marriage solemnised or civil partnership formed in approved premises must be permitted without charge.
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 the Council as a venue for marriage or civil partnership but shall not state or imply any recommendation of the premises or its facilities by the Council, the Registrar General or any of the officers or employees of either of them.

The following further conditions have been attached by Torbay Council to this approval:

A separate room/space must be available for pre-marriage questioning by the Registrar.
The maximum occupancy for each room or outside area should be as follows: (details will be included here on confirmation of application being granted)
A reserved parking space each should be provided for the Superintendent Registrar and the Registrar when they officiate at ceremonies.
Water should be made available for Registration staff.

Annex C - Additional information

Renewal

The holder may apply for the renewal of an approval when the current approval has between six and 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.

Revocation

The Council 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.
The Registrar General may direct the Council to revoke an approval if, in his/her opinion and after considering any representations from the holder, there have been breaches of the law relating to marriage on the approved premises.
When an approval has been revoked the regulations require the former holder to notify any couples who had arranged to marry on the premises.

Reviews

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.
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.
The Council 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.
A direction by the Registrar General to revoke an approval is not subject to review by the Council.

Annex D - Information for those wishing to marry or register a civil partnership on approved premises

Couples who have made provisional arrangements for their marriage or civil partnership formation at approved premises should be advised to contact the Superintendent Registrar at Torbay Register Office, Paignton Library & Information Centre, Great Western Road, Paignton, TQ4 5AG (Tel 01803 207130). Please note ceremony bookings are taken up to two years in advance in advance.
Without the presence of an appropriate Registrar there can be no legal marriage or civil partnership 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 the Superintendent Registrar for his/her attendance at their proposed marriage as soon as a booking can be accepted. A fee for this attendance will be payable 8 weeks before the ceremony; Non-payment of fees would render the ceremony cancelled.
The couple will also have to give a notice of marriage or civil partnership to the superintendent registrar(s) of the district(s) in which they live. This notice must be given in person by each party and is valid for one year. Both parties should, therefore, arrange to attend the register office where they live between 4 -8 months before the wedding date. There is a mandatory waiting period of 28 clear days after the notices before a wedding or partnership formation can take place (up to 70 days for couples subject to immigration control). Torbay Register Office operate a booking system, office hours are Monday to Friday; 9am until 4pm.
The couple should be warned that any arrangements made for a marriage or civil partnership to take place on the approved premises are dependent on:
1. the availability of the superintendent registrar and a registrar (in the case of a marriage) for the district in which the premises are situated, and in the case of a civil partnership, the availability of a civil partnership registrar.
2. the issue of the schedule for marriage or civil partnership by the superintendent registrar after the end of the mandatory waiting period.

The couple should be advised that only a civil, non-religious ceremony can be permitted by the Superintendent Registrar. Any music, reading, words or performance which form any part of the ceremony must be secular. The content of the ceremony must be agreed in advance with the Superintendent Registrar who will be attending the ceremony.
Any rights of copyright for music, readings etc permitted at the ceremony are a matter for the couple and the holder of the approval