Read the text of this document (15 pages)
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
Proposed Revocation of a Marriage Approval: Abshar Grand Suites,
Hillingdon House, Wren Avenue, Uxbridge UB10 0FD
Committee Registration & Appeals Committee 02/02/26
Officer Contact Licensing Team Manager
Papers with report Appendix 1 Current Marriage Approval
Appendix 2 Seating Layout
Appendix 3 Floor Layout
Appendix 4 Notice of Proposed Revocation of Marriage
Approval
Appendix 5 Planning Enforcement Notice
Appendix 6 Planning Inspectorate Appeal Decision
Appendix 7 Greater London Solicitors Ltd letter dated 28th
April 2026
Appendix 8 Grounds of Resistance’ document
Appendix 9 Map of area
Ward name Hillingdon West
Summary
1. The Committee are asked t o consider a Notice of Proposed Revocation of a Marriage
Approval in respect of Abshar Grand Suites, Hillingdon House, Wren Avenue, Uxbridge
UB10 0FD. The full Notice of Proposed Revocation can be found at Appendix 4 and
has attracted a representation from the Marriage Approval Holder, Mr Said Waliullah
Belal Tabibi.
OFFICERS RECOMMENDATION: That the revocation of the Marriage Approval in
respect of Abshar Grand Suites, Hillingdon House, Wren Avenue, Uxbridge, be
approved.
Background
Current Marriage Approval
2. The current Marriage Approval was issued by the Licensing Team on 26 April 2024 and
can be found at Appendix 1. The Seating Layout is at Appendix 2 and the Floor Layout
is at Appendix 3. This Marriage Approval was granted following a renewal application
submitted by Mr Tabibi on 22 March 2024.
3. Mr Tabibi submitted his original application for a new Marriage approval for the premises
on 20 February 2020 which was originally granted by the Licensing Authority on 14
December 2020.
Notice of Proposed Revocation
4. The proposed Notice of Revocation was served on Mr Tabibi by E-mail, post and in
person on 15 April 2026. The closing date for representations was 29 April 2026.
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
5. The full Notice of Proposed Revocation can be found at Appendix 4 and the grounds
for revocation stated are set out in Regulation 8(1)(b) of the Regulations - namely that
the use of the premises has changed such that, having regard to the requirements set
out in Schedule 1 to the Regulations, the premises are no longer suitable for the
solemnization of marriages or the registration of civil partnerships. In part icular, the
Licensing Authority rely on the following:
An Enforcement Notice served by the Authority’s Planning Service on 19 July 2023
in respect of the unauthorised use of the premises as a banqueting and events
venue, including wedding and civil ceremony related functions. The full Planning
Enforcement Notice is located at Appendix 5.
The subsequent appeal against that Enforcement Notice having been dismissed by
the Planning Inspectorate on 17 October 2025, with the Inspector upholding the
Authority’s findings that the use of the premises results in unacceptable harm,
including (but not limited to) harm to the residential amenity, noise and disturbance,
odour impacts, and highway and parking impacts. The full Planning Inspectorate
Appeal decision is located at Appendix 6.
The Inspector’s conclusions that the nature and intensity of the use of the premises
is incompatible with its location within a residential area, and that the impacts arising
from the use are unacceptable in planning terms.
The Authority considers that these findings are directly relevant to, and inconsistent
with, the requirements of Schedule 1 to the Regulations, including the requirement
that approved premises be suitable for proceedings of a dignified and seemly
character and appropriate for the solemnization of marriages and the registration of
civil partnerships.
Representations
6. The Licensing Authority received a representation from Greater London Solicitors Ltd
on 28 April 2026 on behalf of Mr Tabibi. The Solicitor’s letter is located at Appendix 7
and the full ‘Grounds of Resistance’ can be found at Appendix 8.
They state that, “There is no basis to revoke the approval under the 2005 Regulations.”
They continue to argue in their submissions:
“The law is straightforward
The Council is afforded a discretion to revoke an approval under Reg. 8. That
discretion must, as a matter of construction of the 2005 Regulations and of general
public law, be exercised for the purposes within the 1949 Act and the 2005
Regulations, namely preserving the solemnity of marriage proceedings
(Padfield, Reg. 8(1)(bl);Proceedings, in this context, is a term of art with a narrow
meaning, the solemnization of marriage. The broader operations of the Site do not
fall within the scope of the 1949 Act and the 2005 Regulations. Parliament has
entrusted them to others, such as the local planning authority under the Town and
Country Planning Act 1990;
a) Where the drafter of the 2005 Regulations has sought to incorporate other
regimes, like health and safety and fire safety, it has done so expressly. It has
not done so for the land use system, which falls under the aegis of the local
planning authority (Sch. 1. para. 4);
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
b) The focus of the authority must be on whether there has been a change since
the grant of the approval such that the premises are no longer suitable for
the solemnization of marriage proceedings. The broader operation of the Site
falls to others. As with other licensing regimes, the TCPA 1990 is a separate
regime, and the authority needs to reach its own judgment on the matters which fall
within its purview (the suitability of the property for the solemnization of marriage
proceedings) (KVP ENT Ltd).
The sole ground for the proposed revocation is the planning impacts of the use of
the Site as a banqueting suite. That provides no lawful or rational basis for
revocation for at least three reasons.
First there has been no "change" in the "use or structure" of the premises since
the approval was granted on 26 April 2024. It is wholly unclear what "change" is
relied upon by the authority. The Approval was granted on 26 April 2024. At that
time, the premises was used as a banqueting suite, as it was at the time of the
Inspector's decision on 17 October 2025. There has been no change in the use
of the premises since April 2024.
To the extent that the authority's concern is that the use as a banqueting suite for
weddings is now no longer lawful under the TCPA 1990, that is plainly not a
change in the "use or structure" which falls within the scope of the 2005
Regulations and the 1949 Act.
Second the change which must be shown in order to revoke the approval is a
change which bears on (i) whether the property is "suitable for any
proceedings", .and (ii) having regard to "the requirements set out in Schedule
1". Both seek to ensure that the Site is suitable for the solemnization of
marriages. It is that specific, distinct part with which the decision -maker is
focussed, and not the broader aspects of a wedding (such as the subsequent
celebrations and festivities), or their planning implications.
On that front alone, revocation is inappropriate. The local planning authority
may well take issue with other aspects of the operation of the premises, e.g.
the late night traffic, the odours from the cooking, or other aspects of the
operation. But these would relate to the broader aspects of the marriage
festivities. But they are not part of the "proceedings" as that term is narrowly
understood in the 1949 Act and the 2005 Regulations.
And the planning breaches complained do not relate to or suggest a breach of any
of the requirements in Schedule 1. They remain a "seemly and dignified venue for
the proceedings", i.e. the solemnization of marriage, even if the Local Planning
Authority takes issue with the broader operation of the premises in connection with
the celebration of wedding festivities (and which fall outside the scope of the 1949
Act and the 2005 Regulations).
The real basis of the proposed revocation is the concern at the unauthorised
use of the premises as a banqueting suite. But this matter is governed by the 1990
Town and Country Planning Act, for which Parliament has entrusted specific
powers to the Local Planning Authority. It is inappropriate to (mis)use the
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
powers conferred by the 2005 Regulations to seek to address matters covered
by other legislation and entrusted to other bodies.
Third in any event the premiss of the revocation misunderstands the effect of
the Notice and the mechanisms under the TCPA 1990 to deal with such
breaches. In short:
a) There is nothing in the Notice that precludes the use of the Site for weddings
under the TCPA 1990 (even if this were relevant to the authority, and it is not).
What is precluded is the "the use of the land... as a banqueting suite, with
associated ancillary facilities at basement level for private civil ceremonies,
weddings and parties". The Notice prohibits the use of the Site as a banqueting
suite. A wedding can take place on the Site, as long as the Site is not used as
a banqueting suite;
b) If and to the extent that the Site is used as a banqueting suite, there are
separate provisions under the 1990 TCPA to address breaches of planning
control (although again, this is not a matter with which the authority is
presently concerned). These fall within the remit of the local planning
authority, and not of the authority tasked with responsibility for ensuring the
solemnity of proceedings under the 1949 Act and the 2005 Regulations;
and
c) The premiss of the revocation is that the matters of which the local planning
authority complained (e.g. "unacceptable harm, including (but not limited to)
harm to residential amenity, noise and disturbance, odour impacts, and
highway and parking impacts") would continue. Of course, they cannot
continue given that it would be a criminal offence under the TCPA 1990 to put
the Site to the use which generated that planning harm. The authority
essentially assumes that the state of affairs will continue, ignoring the fact that
this is now criminalised by the 1990 Act. That is self -evidently irrational and
not a proper or lawful basis for revocation.
They conclude:
“The authority is not the alter ego of the local planning authority. It is not concerned
with the planning implications of the (now unlawful) banqueting suite use. It is
concerned only with the subject matter of the 1949 Act and the 2005 Regulations,
which is (as above) to allow the solemnization of marriages "without compromising
the solemnity of the occasion". The authority should not revoke the approval, for
which there is no basis under the 2005 Regulations.”
Officer Observations
7. The Authority has carefully considered the representations submitted on behalf of the
approval holder, in particular the submission that the Marriages and Civil Partnerships
(Approved Premises) Regulations 2005 apply only to “proceedings”, being the
solemnization of marriages or formation of civil partnerships. The Authority accepts that
the Regulations concern the solemnization of proceedings. However, in determining
whether premises remain suitable for such proceedings, the Authority is required by
Schedule 1 of the Regulations to have regard to the primary use, situation, construction
and condition of the premises as a whole. It is therefore not appropriate to consider the
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
narrow ceremony in isolation from the wider use and operation of the premises. The
environment in which proceedings take place, including the character and intensity of
activities occurring on site and in the immediate vicinity, is directly relevant to whether
the premises remain a “seemly and dignified” venue for the solemnization of marriages.
8. The Authority recognises that the planning regime under the Town and Country
Planning Act 1990 is distinct from the Approved Premises regime. The Authority has not
sought to rely solely on the absence of planning permission or the existence of a
planning breach as the basis for revocation. Rather, the Authority has had regard to the
factual findings of the Planning Inspector, which include findings of:
significant noise and disturbance impacts on neighbouring residents;
activity levels inconsistent with a quiet residential environment;
congestion and highway safety issues; and
the intensity and scale of the use of the premises for events involving large numbers
of guests
9. These findings are not relied upon as planning con clusions, but as evidence of the
operational character and impacts of the premises, which the Authority is entitled to
consider in determining whether the premises remain suitable for the solemnization of
marriage proceedings under Schedule 1.
10. The represe ntations state that there has been no relevant “change” in the use or
structure of the premises since the grant of the current approval on 26 April 2024. The
Authority notes that the premises were originally granted approved premises status on
14 December 2020 and subsequently renewed in April 2024.
11. The Authority considers that, since the original grant of approval, the nature and
intensity of the use of the premises has materially changed to that identified in the
Enforcement Notice dated 19 July 2023 and subsequently examined and confirmed in
substance by the Planning Inspector in the appeal decision dated 17 October 2025. The
Authority therefore considers that Regulation 8(1)(b) is engaged on the basis that the
use of the premises has changed over time, resulting in a materially different operational
environment from that which applied at the time of the original approval. In any event,
the Authority considers that the Planning Inspector’s decision provides authoritative and
detailed evidence of the curr ent nature and impacts of the premises’ use, which are
relevant to the question of present suitability.
12. The key consideration for the Authority is whether the premises remain suitable for the
solemnization of marriages, having regard to the requirements of Schedule 1.
In applying this test, the Authority has had regard to:
the primary use of the premises as an events venue accommodating large -scale
wedding functions and associated activities;
the situation of the premises within a residential area;
the level of disturbance and activity, including noise, congregation of guests, vehicle
movements and operational intensity; and
the Planning Inspector’s findings that the use creates unacceptable impacts on
residential amenity and the surrounding environment.
The Authority considers that the scale, intensity and nature of these activities are
inconsistent with the requirement that approved premises should provide a seemly and
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
dignified setting for the solemnization of marriage proceedings. While the Authority
acknowledges that certain elements of wedding celebrations fall outside the formal
“proceedings”, the overall character and operation of the premises cannot reasonably
be separated from the environment in which those proceedings take place.
13. Having carefully considered the representations and all relevant evidence, the Authority
argues that:
the use of the premises has changed in a material way over time; and
as a result of that change, the premises are no longer suitable for the solemnization
of marriages having regard to the requirements of Schedule 1.
Further Information
14. Since the start of 2026 there have been a total of 9 Members Enquiries in relation to the
premises. The majority of these came in late March to April 2026 and concern Planning
Enforcement and events taking place at the premises. Th ere was also one Members
Enquiry about Licensing enforcement.
15. A Map of the area is attached as Appendix 9.
Relevant Sections of the Marriages and Civil Partnerships (Approved Premises)
Regulations 2005
Revocation of Approval
16. Paragraph 8 of the Regulations states that:
Subject to the following provisions of this regulation, an authority which has granted an
approval may revoke it if it is satisfied that:
(a) the holder has failed to comply with one or more of the conditions attached to the
approval under regulation 6(1); or
(b) the use or structure of the premises has changed so that having regard to the
requirements set out in Schedule 1 and any requirements set by the authority in
accordance with regulation 5(1)(c), the premises are no longer suitable for any
proceedings.
(2) Before revoking an approval under paragraph (1), the authority shall deliver to the
holder of that approval a notice in writing specifying the ground or grounds up on
which it proposes to revoke the approval and inviting the holder to make written
representations as to the proposed revocation within such period, being not less
than 14 days, as is specified in the notice.
(3) The authority shall deliver a copy of the notice under paragraph (2)—
(a) to the superintendent registrar for the district in which the premises are
situated, and
(b) to the civil partnership registrars and persons authorised under section 8(6)
of the 2004 Act for the area in which the premises are situated.
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
(4) Before reaching a final decision on the proposed revocation, the authority shall
take into account any representations made to it within the period referred to in
paragraph (2) by or on behalf of the holder of the approval.
(5) If the authority decides to revoke the approval, it shall deliver a further notice in
writing to the holder, stating the date upon which the approval shall cease to have
effect and the procedure whereby such decision may be subject to review under
regulation 9.
(6) The Registrar General may direct the authority to revoke any approval if, in her
opinion, there have been breaches of the law relating to the proceedings on the
approved premises.
(7) Before directing any such revocation the Registrar General shall notify the h older
of the grounds upon which she proposes to direct that the approval be revoked
and deliver a notice in writing to the holder inviting him to make representations in
writing as to the proposed revocation within such period, being not less than 14
days, as she shall specify.
(8) Before reaching a final decision on the proposed direction, the Registrar General
shall take into account any representations made to her within the period referred
to in paragraph (7) by or on behalf of the holder of the approval.
(9) The authority shall immediately revoke any approval, with immediate effect, if
directed to do so in writing by the Registrar General under paragraph (6) and
deliver a notice of revocation in writing to the holder.
(10) The authority shall revoke any approval with immediate effect as soon as
practicable after being requested to do so by the holder of that approval and deliver
a notice of revocation in writing to the holder.
(11) Upon receipt of notice of revocation under paragraph (5), (9) or (10), the holder of
an approval shall immediately give notice of the revocation to all parties who have
made arrangements for any proceedings to take place in the premises which were
approved but whose proceedings have not yet taken place there.
Relevant Sections of The Marriage Act 1949
Approval of Premises
17. Section 46A states:
The Secretary of State may by regulations make provision for and in connection with
the approval by local authorities of premises for the solemnization of marriages in
pursuance of section 26(1)(bb) of this Act.
(2) The matters dealt with by the regulations may include—
(a) the kinds of premises in respect of which approvals may be granted;
(b) the procedure to be followed in relation to applications for approval;
(c) the considerations to be taken into account by a local authority in determining
whether to approve any premises;
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
(d) the duration and renewal of approvals;
(e) the conditions that must or may be imposed by a local authority on granting
or renewing an approval;
(f) the determination and charging by local authorities of fees in respect of
applications for the approval of premises and in respect of the renewal of
approvals;
(g) the circumstances in which a local authority must or may revoke an approval;
(h) the review of any d ecision to refuse an approval or the renewal of an
approval, to impose conditions on granting or renewing an approval or to
revoke an approval;
(i) the notification to the Registrar General of all approvals granted, renewed or
revoked;
(j) the keeping by local authorities of registers of approved premises;
(k) the issue by the Registrar General of guidance supplementing the provision
made by the regulations.
Solemnization of marriage on approved premises
18. Section 46B states:
(1) Any marriage on approved premises in pursuance of section 26(1)(bb) of this Act
shall be solemnized in the presence of—
(a) two witnesses, and
(b) the superintendent registrar and a registrar of the registration district in which
the premises are situated.
(2) Without prejudice to the width of section 46A(2)(e) of this Act, the Secretary of
State shall exercise his power to provide for the imposition of conditions as there
mentioned so as to secure that members of the public are permitted to attend any
marriage solemnized on approved premises in pursuan ce of section 26(1)(bb) of
this Act.
(3) Each of the persons contracting such a marriage shall make the declaration and
use the form of words set out in section 44(3) or (3A)]of this Act in the case of
marriages in registered buildings.
(4) No religious service shall be used at a marriage on approved premises in
pursuance of section 26(1)(bb) of this Act
Offence
19. Section 75(2)(aa) states:
Any person who knowingly and wilfully…
solemnizes a marriage purporting to be in pursuance of section 26(1)(bb) of this Act on
premises that are not approved premises…
shall be guilty of felony and shall be liable to imprisonment for a term not exceeding five
years.
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
Relevant Sections of The Registrar General’s Guidance for the Approval of Premises
for Civil Marriages and Civil Partnerships
Other requirements before an application can be considered
20. Paragraph 2.26 states: In addition to being satisfied that the requirements relating to the
type of premises are met, the authority will want to be satisfied that the fire assessment
in place at the premises is suitable for the intended purpose. The authority will also want
to be content that no planning permission is necessary for the use of the venue for
marriages or civil partnerships.
21. Paragraph 2.27 states: In addition to the national criteria, authorities may if they wish,
specify local requirements. These should apply to all premises within their area for which
approval is sought. Though this is a matter for individual authorities itis possible that
these requirements will relate, amongst other things, to disabled access, a separate
room for pre -proceedings questioning by the registrar, toilet facilities, the seating
capacity of the relevant room(s), an available approved room or covered structure as an
alternative to any linked outdoor area in the event of bad weather, and car parking
provision. Existing health and safety requirements and fire precautions must also be
complied with.
Revocation
22. Paragraph 2.45 states: Subject to the exception outlined in paragraph 2.26 , in general
an authority may revoke an approval if the holder has failed to comply with one or more
conditions of the approval, or the use of structure of the premises has changed and the
premises are no longer suitable for any proceedings, having regard to the requirements
set out in Annex A or B (in relation to the built premises) or any additional requirements
for approval set by the authority (whether in respect of the built premises or the linked
outdoor areas). On deciding to revoke the approval the authority must deliver a notice
in writing to the holder of the approval confirming its revocation.
23. Paragraph 2.46 states: The Registrar General for England and Wales may direct an
authority to revoke an approval if it is considered there have been breach es of law
relating to the proceedings on the Approved Premises. Before doing so the Registrar
General must write to the holder of the approval stating the grounds on which it is
proposed the approval should be revoked and provide the holder with a period o f at
least 14 days to make representations in writing to the Registrar General. If, following
consideration of any representations received, the Registrar General decides that the
approval should be revoked the authority will be directed to do so. The auth ority must
then revoke the approval with immediate effect and notify the holder of the approval that
it has done so.
24. Paragraph 2.47 states: When an approval has been revoked, the holder of the approval
must immediately notify any couples who had arranged proceedings on those premises
that this is the case. Whilst it is not their responsibility to do so, authorities may also ask
the superintendent registrar or civil partnership registrar who has accepted a booking or
been given a notice of marriage or civil partnership to notify the couple that the approval
has been cancelled and the schedule for the proceedings will not be issued (the notice
process will need to be completed again by each party if/when an alternative venue is
arranged).
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
Requirements for the grant of approval of premises that are not religious premises
25. Annex A – Schedule 1 states:
1. Having regard to their primary use, situation, construction and state of repair, the
built premises must, in the opinion of the authority, be a seemly and dignified venue
for the proceedings.
2. The built premises must be regularly available to the public for use for:
(a) the solemnization of marriages or
(b) the formation of civil partnerships
3. The built premises must have the benefit of such fire precautions as may
reasonably be required by the authority, having consulted with the fire and rescue
authority, and such other reasonable provision for the health and safety of persons
employed in or visiting the built premises as the authority considers appropriate.
4. The premises must not be:
a) religious premises
b) premises where the built premises are a register office but this paragraph does
not apply to premises where a register office is situated in the built premises,
provided that the room which is subject to approval is not the same room as
the room which is the register office
5. The room or rooms in which the proceedings are to take place in the built premises
if approval is granted must be identifiable by description as a distinct part of the
built premises.
Conditions to be attached to grants of approval of premises that are not religious
premises
26. Annex C – Schedule 2 states:
1. The holder of the approval must ensure that there is at all times an individual with
responsibility for ensuring compliance with the conditions attached to the approval
and those conditions set out in Schedule 2B (“the responsible per son”) 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 the conditions attached to the approval.
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.
3. The holder must notify the authority:
(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
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
4. The holder must notify the au thority 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
5. The approved premises must be made available at all reasonable times for
inspection by the authority.
6. For the purposes of proceedings held in the built premises, 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 t ake place must be
displayed at each public entrance to the built premises for one hour prior to and
throughout the proceedings.
7. (1) For the purposes of proceedings held in the built premises, save as provided
below, no food or drink may be sold or consume d in the room in which the
proceedings take place for one hour prior to or during those proceedings.
(2) Non-alcoholic drinks may be consumed prior to the proceedings
8. All proceedings held in the built premises 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.
9. For the purposes of proceedings held in the built premises, the room in which the
proceedings are to take place must be separate from any other activity on the built
premises at the time of the proceedings.
10. The arrangements for and content of the proceedings must meet with the prior
approval of the superintendent registrar of the district in which the approved
premises are situated, or authority, as the case may be.
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
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
(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.
12. Public access to any proceedings in approved premises must be permitted without
charge.
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 bee n approved by the authority as a venue for marriage in pursuance of
section 26(1)(bb) of the 1949 Act *and the formation of civil partnerships under
section 6(3A)(a) of the 2004 Act but shall not state or imply any recommendation
of the premises or its facilities by the authority, the Registrar General or any of the
officers or employees of either of them.
14. If a change of name to the approved premises occurs after the issue of the
marriage or the civil partnership schedule but before the proceedings, the fo rmer
name of the approved premises as recorded in the marriage or the civil partnership
schedule shall remain valid for its duration for the purpose of the proceedings.
Legal Implications
27. When determining whether to revoke an approval under the Marriages and Civil
Partnerships (Approved Premises) Regulations 2005, the Committee must exercise its
functions in accordance with Regulation 8 of those Regulations. In particular, the
Committee may revoke an approval where it is satisfied that:
the holder has failed to comply with conditions attached to the approval; or
the use or structure of the premises has changed such that, having regard to the
requirements in Schedule 1, the premises are no longer suitable for the
solemnisation of marriages or the formation of civil partnerships.
28. In exercising this function, the Committee must focus on the statutory test of “suitability
for the proceedings”, having regard to the requirements set out in Schedule 1 to the
Regulations. These include (but are not limited to):
the primary use, situation, construction and state of the premises; and
whether the premises remain a “seemly and dignified” venue for the proceedings.
The Committee is therefore required to assess the premises as a whole and the
environment in which proceedings take place, rather than considering the ceremony in
isolation.
29. Members should note that the Committee’s role is not to determine planning matters,
nor to enforce planning control under the Town and Country Planning Act 1990.
However:
the Committee may have regard to factual findings made in other regulatory
contexts, including planning decisions, where those findings are relevant to the
question of suitability under the 2005 Regulations;
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
such findings may properly be considered as evid ence of the nature, intensity and
impact of the use of the premises, insofar as those matters bear upon whether the
premises provide an appropriate setting for proceedings.
The Committee must ensure that it does not fetter its discretion by treating plann ing
findings as determinative but may give them such weight as it considers appropriate.
30. The Committee must also apply general public law principles when exercising its
discretion under Regulation 8. In particular:
the discretion must be exercised for the statutory purpose of the Regulations,
namely ensuring that marriages and civil partnerships are conducted in appropriate
and dignified surroundings;
the decision must take into account relevant considerations only, and must
disregard irrelevant considerations;
the decision must be rational and proportionate, and based on the evidence before
the Committee.
31. In considering whether Regulation 8(1)(b) is engaged, the Committee must be satisfied
that:
there has been a change in the use or structure of the premises; and
that change is such that the premises are no longer suitable for the proceedings,
having regard to the Schedule 1 requirements.
The question of “change” is a matter of fact and degree, and may include:
changes in the scale, intensity or character of the use of the premises over time;
and
changes in the operational environment affecting the premises, including impacts
on surrounding areas where these bear directly on the suitability of the venue.
32. The Committee must consider all representations made by or on behalf of the approval
holder before reaching a decision, in accordance with Regulation 8(4).
Members should ensure that:
all representations are given proper and fair consideration;
any disputed matters are assessed on the available evidence; and
clear conclusions are reached on the issues raised.
33. In determining the appropriate outcome, the Committee has the following options:
to take no action and allow the approval to continue in force; or
to revoke the approval, if satisfied that the statutory test is met.
There is no power within the Regulations to impose modified conditions in lieu of
revocation.
34. If the Committee decides to revoke the approval, it must:
give clear and cogent reasons for its decision, demonstrating how the statutory test
has been applied; and
specify the date upon which the approval will cease to have effect, in accordance
with Regulation 8(5).
-----------------------------------------------------------------------------------------------------------------------------
Registration & Appeals Committee
2nd July 2026
Failure to provide adequate reasons may render the decision vulnerable to legal
challenge.
35. Members should note that, unlike the Licensing Act 2003 regime, there is no statutory
right of appeal to the Magistrates’ Court against a decision to revoke an approval. The
Regulations instead provide for an internal review process.
Any challenge to the Committee’s decision would therefore be by way of judicial review
in the High Court, which will consider the lawfulness of the decision-making process.
36. The Council, in exercising its functions, must also have regard to its duties under
section 149 of the Equality Act 2010 (the Public Sector Equality Duty), including the
need to:
eliminate unlawful discrimination;
advance equality of opportunity; and
foster good relations between persons who share protected characteristics and
those who do not.
37. Officers have provided the Committee with a recommendation in respect of this matter.
Subject to the above legal framework being properly applied, the Committee is entitled
to depart from that recommendation provided it has clear and defensible reasons fo r
doing so.
Text extracted automatically from the PDF, so layout, tables and images are not shown. Open the original PDF on LB Hillingdon’s website.