APPENDIX B
POLICY ON PREMISES APPROVED FOR THE SOLEMNIZATION OF MARRIAGE AND REGISTRATION OF CIVIL PARTNERSHIPS (DECEMBER 2015)
1. INTRODUCTION
1.1. Secular premises wishing to offer themselves as a venue for marriages and civil partnerships and those religious buildings wishing to register civil partnerships require an approval from the Council to become Approved Premises.
1.2. Applications for the approval of premises must be made in accordance with The Marriages and Civil Partnerships (Approved Premises) Regulations 2005 and The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2011, jointly referred to for the purposes of this policy as “the Regulations”. Marriages and civil partnerships taking place on Approved Premises will be referred to as “proceedings”. The Council’s functions under the Regulations have been previously delegated to the Proper Officer for Registration, the Assistant Director-Revenues, Benefits and Transactional Centre.
1.3. Those secular premises which are approved for marriages and civil partnerships under the Regulations will automatically be approved by the Council in addition for the conduct of non-statutory ceremonies (such as Naming Ceremonies and Renewal of Vows Ceremonies) provided by the Council
2. REQUIREMENTS FOR APPROVAL
2.1 The conditions of approval and other information are contained in the Regulations
2.2 In accordance with the requirements of the legislation, the Council will put in place an application procedure which ensures the following:
i) that the premises are a seemly and dignified venue for proceedings to take place in respect of their primary use, situation, construction and state of repair
ii) that a Fire Safety Risk Assessment has been undertaken for the premises and all reasonable actions taken with regard to fire precautions
iii) that all necessary measures have been taken to ensure the health and safety of persons visiting or working in the premises
iv) that no separate planning permission will be needed before the premises may be used for proceedings
v) that the premises will be regularly available for use for proceedings by members of the public
vi) further guidance in respect of the licensing of freestanding or “gazebo” structures is attached as Appendix C to this policy.
2.3 Details of all Approved Premises in the Borough are contained in a Register which is available for public inspection by visiting the Register Office, Queen Victoria House, 794 Cranbrook Road, Barkingside IG6 1JS during office opening hours, Monday to Friday. Details will also be publicised on the Council’s website
3. THE APPLICATION PROCESS
3.1 The Council will provide an informal pre-application meeting with a senior member of Registration staff to assist and advise would-be applicants. This meeting is free of charge and does not commit the applicant to proceed.
3.2 Applications must be made by the proprietor or trustee of the premises on the Council’s Application Form.
3.3 The application must include three copies of the plan of the premises identifying the rooms in which it is intended proceedings should take place. Any rooms to be used as a contingency must be included as the subsequent addition of further rooms will require the full application process to be repeated.
3.4 The appropriate fee must accompany the application form. The fee is non-returnable should the application be unsuccessful or withdrawn. A fresh fee will need to accompany any application which is resubmitted.
3.5 Within fourteen days of receipt of the application the Council will publish a notice in the local press advertising the application or alternatively publicise the application on the Council’s website Redbridge-i. The cost of this publication is included in the application fee.
3.6 The Council must make the application and accompanying plan available for public inspection at all reasonable hours during the working day and until such time as the application has finally been determined or withdrawn. This will be available at the Register Office, Queen Victoria House, 794 Cranbrook Road, Barkingside IG6 1JS. Any person may make written objections to the Proper Officer within 21 days from the date of publication of the advertisement.
3.7 No bookings for proceedings must be made until the application process is complete.
3.8 As soon as possible after receipt of the application, the Council will arrange for an inspection of the premises to be undertaken by a senior member of registration staff who will ensure that all requirements of Approved Premises are met by the venue and determine whether any additional conditions need to be imposed.
3.9 If as a result of this inspection the Council is satisfied that the requirements of the Regulations have been met and no representations have been received by the end of the 21 day objection period, the application will be approved and will be valid for a period five years unless it is revoked, extended or reinstated.
3.10 Should any of the necessary requirements not be met or should any objections have been received, a meeting will be arranged to explain the remedial action to be taken and by when or otherwise to explain why the application is unable to be approved.
3.11 The Council will issue documents notifying the grant of approval including detailed conditions attaching to the approval and giving information which must be passed to anyone wishing to book proceedings on the premises.
3.12 .The applicant will be required to identify a responsible person or deputy who will be available at the premises before and during the proceedings to ensure that the arrangements comply with the Regulations and any conditions attached. This person must have sufficient authority to enforce the conditions of the approval and liaise with registration staff attending proceedings.
4. RENEWALS
4.1 The renewal process is the same as the approval process described above and can be commenced when the current approval has less than twelve months to run. The renewed approval will then commence on the day after the previous approval has expired and last for a further period of five years unless it is revoked, extended or reinstated.
4.2 An application for renewal made at any time during the twelve month period leading up to expiry of the current approval will, if necessary, extend the approval until the application has been finally determined or withdrawn.
4.3 The Council will issue a single reminder to the holder of an approval three calendar months before the approval is due to expire warning the holder that unless application for renewal is made no proceedings may take place after the expiry date.
4.4 Should an approval expire because the holder of the approval has inadvertently failed to apply for a renewal, the approval will be reinstated by an application for renewal made within one month of the original expiry date. The reinstated application will then continue until such time as the application for renewal is finally determined or withdrawn
5. REVIEW AND REVOCATION
5.1 An applicant who is aggrieved in relation to a decision made to refuse an Approval or to attach conditions other than those specified in the Regulations may request a review of that decision. The review process will be conducted by a senior member of Legal and Constitutional Servicesstaff who has not been previously involved in any aspect of the application process.
5.2 The Council has power to revoke an approval if it is satisfied that the holder has failed to comply with the Regulations or the conditions attached to the approval or if the use or structure of the premises changes to make them unsuitable for proceedings. The grounds for any revocation will be notified to the holder who will have fourteen days to make written representations about the proposed revocation.
5.3 The Registrar General may also direct the Council to revoke any approval if she considers that there have been breaches of the law relating to proceedings on the premises.
6. FEES
6.1 There will be a single fee payable for all new applications and renewals which will be subject to annual review. The fee represents the costs incurred by The Council in respect of this duty and from 1.4.17 will be £1,000.
APPENDIX C
FREESTANDING & GAZEBO STRUCTURES
1. The following further guidance is provided in respect of the licensing of freestanding or “gazebo” structures. Please read this carefully. If you are considering including an existing freestanding or “gazebo” structure in your application or building a new structure you must seek advice from Redbridge Council to ensure that it will be acceptable and meets our requirements.
2. If a premises is considering building a “freestanding or gazebo structure” it is the responsibility of the premises, where appropriate, to discuss with, or seek approval from, the local planning authority.
3. A freestanding or “gazebo” structure must be permanent and immovable. Any premises outside this definition, such as the open air, a tent, marquee or any temporary structure and most forms of transport, would not be eligible for approval and in this respect the decision of Redbridge Council will be final.
4. The structure must have a brick, stone, concrete or wooden base. The structure should have a roof which should be tiled although other coverings, e.g. thatch, will be considered providing they are waterproof and/or are a requirement of the local planning officer/a conservation or heritage decision. The roof should be supported by brick, stone, concrete or wood pillars or walls. The space between pillars may have trellising or other decoration.
5. The front should be open and sufficiently wide to enable the ceremony party to enter. Steps may need to be provided if the structure is raised above ground level.
6. The structure should be of sufficient size (minimum 3 metres squared or equivalent) to accommodate at least the following:-
· Two Registration staff
· The Couple
· The witnesses
· A square or oblong table no less than 3' x 3” in size
· Sufficient number of chairs for all parties inside
· And comfortable space in which the ceremony can be conducted.
· The decision of Redbridge Council on what is considered sufficient space will be final.
7. The structure should be provided with electric light, power and a public address system.
8. Consideration should be given to area immediately in front of the structure where guests may be seated or stand. Soft ground should be avoided and a hard standing may need to be provided. (This may be a temporary surface laid down over grass)
9. Sufficient room must be available for a central aisle to allow the ceremony party to make their entrance.
10. The “free standing/gazebo structure” and the adjacent area to be used for guests should be roped off or have barriers erected so as to restrict access at least one hour prior to the ceremony. No food or drink may be consumed in this restricted area during this time.
11. The structure will only be approved if it forms part of a larger venue which must include either one or a number of other approved Ceremony Rooms.
12. The occupancy figure for inside the structure and the adjacent area must not exceed any maximum occupancy figure for any other approved Ceremony Room inside the venue.
13. In this respect whenever the “free standing/gazebo structure” is booked for a ceremony then another approved Ceremony Room, with sufficient occupancy figures, MUST be kept available.
14. If for any reason the ceremony cannot take place in the “free standing/gazebo structure” and the ceremony has to be moved inside, venue staff must be able to set the room up at very short notice for the ceremony to start within fifteen minutes.
15. The main reason why a ceremony may not take place in the “free standing/gazebo structure” will normally be because of inclement weather. Inclement weather can include wet, cold, heat, wind and other extreme conditions.
16. The decision as to whether the ceremony has to be moved into a licensed room inside the venue will be made by the Registration Officers after discussion with the couple and the venue.
17. The final decision is made by the Registration Officers.
18. Ceremonies can only take place in a “free standing/gazebo structure” between 1st March and 31st October each year.
19. Any other activities taking place in the grounds, especially near to the “free standing/gazebo structure” and the adjacent area to be used for guests, are to be kept separate from any ceremony.
20. Redbridge Council reserves the right to amend, add to, delete or otherwise change these conditions from time to time, and in this respect the decision of the Council is final.