Report / Licensing Panel / 1 April 201416 JUNE 2003

MARRIAGE (SCOTLAND) ACT 1977: SCHEDULE 18A

APPROVAL OF PLACES FOR CIVIL MARRIAGES OUTWITH REGISTRATION OFFICES

REQUEST TO VARY A PERIOD APPROVAL

PREMISES: GRETNA HALL BLACKSMITH’S WORKSHOP, COTTAGE AND LINTON ROOM, GRETNA GREEN

1.Purpose of Report

1.1This report relates to a request by the operator to vary the Period Approval for the premisesthe Gretna Hall Blacksmith’sWorkshop, Cottage and Linton Room, Gretna Green.

1.2This PeriodApproval was last renewed on 29 August 2011.

1.3The operator wishes the Approval varied by altering the layout of the Linton Room which is one of the rooms within which Civil Marriages may take place.

2.Recommendation
Members are asked to consider the operator’srequest for variation of the PeriodApproval in respect of thesepremises, (the Gretna Hall Blacksmith’s Workshop, Cottage and Linton Room, Gretna Green) by relocation of the Linton Room with the variation comingintoeffectwhen the alternative accommodation isfullyready for access by the public

3.Considerations

3.1Why this matter is before thePanel

3.11Our Council is the local Authority in relation to Approval of Places for Civil Marriage Ceremonies.

3.1.2The premisesthe Gretna Hall Blacksmith’s Workshop, Cottage and Linton Room, Gretna Greenpresently holds a Period Approval.

3.1.3The operator has requested the local Authority to consider varying the approval.

3.1.4The decision to vary an approval is one for the Licensing Panel.

3.2Statutory Background

3.2.1Until June 2002, in general, Civil Marriage Ceremonies could only take place within Registration Offices. The Scottish Executive, mirroring developments in England and Wales, introduced legislation which would allow a Civil Marriage Ceremony outwith a Registration Office – any place approved by the local Authority.

3.2.2This was seen as a means of widening the choice of Civil Ceremony locations for couples. Religious ceremonies could and can take place anywhere so long as the religious celebrant agrees.

3.2.3The procedure for Approval of Places is contained in the Marriage (Approval of Places) (Scotland) Regulations 2002 as amended.

3.2.4The approval may be a Period Approval (for up to 3 years) or a Temporary Approval (for one Civil Marriage Ceremony).

3.2.5The Regulations define “place” very widely. Not only would it refer to buildings or other premises but also temporary structures, enclosures and similar structures, land – including land covered by water in so far as within the registration district -vessels and vehicles.

3.2.6Members will be aware of the passing of the Marriage and Civil Partnership (Scotland) Bill. Section 19 of the Act will withdraw the system of Approval of Places:

Instead a Civil Marriage Ceremony would be able to be solemnised at “an appropriate place”.

3.2.6.1“An appropriate place” would be a place, but notreligious premises, agreed by the couple and the localRegistration Authority.

3.2.6.2 The Explanatory Notes to the Bill suggest that this might be delegated by the local Registration Authority-

“Key matters covered by the Bill are:

  • the introduction of same sex marriage, so that same sex couples can marry each other;
  • putting belief celebrants on the same footing as religious celebrants;
  • the arrangements for authorising celebrants to solemnise opposite sex and same sex marriage;
  • civil partnerships changing to marriage;
  • the authorisation of Church of Scotland deacons to solemnise opposite sex marriage;
  • allowing civil marriage ceremonies to take place anywhere, other than religious premises, agreed between the couple and the registrar;
  • allowing the religious and belief registration of civil partnerships. At the moment, ceremonies to register civil partnerships can only be civil in nature (although it is possible to have a religious or belief ceremony to mark the partnership, any such ceremony would not be recognised by the state);
  • allowing transgender persons to stay married when obtaining the full Gender Recognition Certificate, which provides legal recognition in the acquired gender.”

3.3The Request for Variation

3.3.1The premises, the Gretna Hall Blacksmith’s Workshop, Cottage and Linton Room, Gretna Greenhave a Period Approval. The Approval is in the name of Diane Boyd.

3.3.1.1 This approval was last renewed in August 2011.

3.3.1.2 The Approval authorises Civil Marriage Ceremonies within :-

  • The Blacksmiths Workshop;
  • The Blacksmith’sCottageand
  • The Linton Room.

3.3.2The operator wishes the Approval varied. The proposal is “to swap over the existing Linton Room and Shop to create a larger Linton Room within the Shop area. The existing Linton Room has a capacity of 20 persons, the area within the existing shop would allow approximately 100 persons capacity.”

3.3.2.1 The layout of the proposal is shown on the Plan (Appendix to the Report).

3.4Consultation

3.4.1Following receipt of the request consultation took place with:-

•The Chief Constable

•Environmental Standards

•Planning Services

•DG First – Roads

•Chief Registrar

•Chief Fire Officer

•Area Building Standards Manager

3.4.2Reports offering no comments have been received from all consultees under exception of the Area Building Standards Manager and the Development Team Leader (Annandale & Eskdale).

3.4.3The Area Building Standards Manager has advised that the applicant had not submitted the required “completion certificate”. The “acceptance of completion certificate” cannot be issued until the document has been received. It is anticipated that the approval holder will have progressed this by the time of the meeting. This is, however, primarily a Building Standards issue rather than one for the regulation of Approved Places.

3.4.4The Development Team Leader (Annandale & Eskdale) advises that:-

  • the Gretna Hall Hotel [of which the Gretna Hall Blacksmiths (Workshop and Cottage) form part] takes access off the public road B7076 Gretna Loaning;
  • the access/egress has good visibility;
  • there have been no reported accidents on the public road near to the access/egress points over the last three year period;
  • there is surfaced parking to the front and rear of the hotel (29 marked spaces);
  • not all of the surfaced area is available for parking as they are used for benches/seats etc.;
  • Coach parking and the over-flow parking area is to the west of the main building;
  • the full overflow area is not available because of old concrete plinths;
  • the hotel itself has 100 bedrooms which should have in the order of 100 parking spaces + staff parking;
  • it is noted that historically this level of parking has never been available for the hotel;
  • it is noted that the marriage venue capacity is increasing from 25 to 100;
  • in theory a venue with a potential capacity of 100 should have parking for approximately 25 cars (based on 4 passengers per car) + coach;
  • although there would appear to be a short fall in the overall parking provision given the recent use of the building in question as a shop it is difficult to justify an objection.

3.4.4.1 The Development Team Leader (Annandale & Eskdale) in conclusion advises that:-

  • he is not objecting to the request;
  • hewould suggest to the operator that there should be a review of the use of the existing surfaced area with a view to maximising parking opportunities.

3.5In the light of these comments it is recommended that Members accede to the request with the variation to come into effect when the alternative accommodation is fully ready for access by the public.

4.Governance Assurance

Consultation has taken place as described in paragraph 3.4.1. The Area Building Standards Manager has submitted a report that the Applicant has failedto submit a completion certificate.

5.Impact Assessment

As this report does not propose a change in policy, the formal adoption of a plan, policy or strategy it is not considered necessary to complete an impact assessment.

Author(s)

NAME / DESIGNATION / CONTACT DETAILS
Willie Taylor / Service Manager / 01387 245913 Ext 63363

Approved by

NAME / DESIGNATION / SIGNATURE
Alex Haswell / Director Chief Executive Service

Appendices - None

Background Papers - Application

APPENDIX

1