Licensing Act 2003

16 Applicant for premises licence E+W

(1) The following persons may apply for a premises licence—

(a) a person who carries on, or proposes to carry on, a business which involves the use of the premises for the licensable activities to which the application relates,

(b) a person who makes the application pursuant to—

(i) any statutory function discharged by that person which relates to those licensable activities, or

(ii) any function discharged by that person by virtue of Her Majesty’s prerogative,

(c) a recognised club,

(d) a charity,

(e) the proprietor of an educational institution,

(f) a health service body,

(g) a person who is registered under Part 2 of the Care Standards Act 2000 (c. 14) in respect of an independent hospital [F1 in Wales],

[F2 (ga) a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of that Part) in an independent hospital in England,]

(h) the chief officer of police of a police force in England and Wales,

(i) a person of such other description as may be prescribed.

(2) But an individual may not apply for a premises licence unless he is aged 18 or over.

(3) In this section—

• “charity” has the same meaning as in section 96(1) of the Charities Act 1993 (c. 10);

• “educational institution” means—

  (a)

  a school, or an institution within the further or higher education sector, within the meaning of section 4 of the Education Act 1996 (c. 56), or

  (b)

  a college (including any institution in the nature of a college), school, hall or other institution of a university, in circumstances where the university receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13);

• “health service body” means—

  (a)

  an NHS trust established by virtue of [F3 section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006],

  (b)

  a Primary Care Trust established by virtue of section 16A of the National Health Service Act 1977 (c. 49), or

  (c)

  a Local Health Board established by virtue of section 16BA of that Act;

• [F4 “independent hospital”—

  (a)

  in relation to England, means—

  (a)

  (i)

  a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, or

  (ii)

  any other establishment in which any of the services listed in subsection (4) are provided and which is not a health service hospital as so defined; and

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;]

“proprietor”—

(a) in relation to a school within the meaning of section 4 of the Education Act 1996, has the same meaning as in section 579(1) of that Act, and

(b) in relation to an educational institution other than such a school, means the governing body of that institution within the meaning of section 90(1) of the Further and Higher Education Act 1992; and

• “statutory function” means a function conferred by or under any enactment.

[F5 (4) The services referred to in paragraph (a)(ii) of the definition of “independent hospital” are as follows—

(a) medical treatment under anaesthesia or intravenously administered sedation;

(b) dental treatment under general anaesthesia;

(c) obstetric services and, in connection with childbirth, medical services;

(d) termination of pregnancies;

(e) cosmetic surgery, other than—

(i) ear and body piercing;

(ii) tattooing;

(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or

(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 16(1)(g) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813, art. 12(a)(i)

F2 S. 16(1)(ga) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813, art. 12(a)(ii)

F3 S. 16(3): words in definition of "health service body" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 236 (with Sch. 3)

F4 S. 16(3): definition of "independent hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813, art. 12(b)

F5 S. 16(4) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813, art. 12(c)

Commencement Information

I1 S. 16 wholly in force at 7.2.2005; s. 16 not in force at Royal Assent, see s. 201; s. 16(1)(i) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 16(1)(a)-(h)(2)(3) in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.