Part 3Premises licences

Grant of premises licence

I116Applicant for premises licence

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 F1in Wales,

F2ga

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—

  • F6...

  • “educational institution” means—

    1. 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

    2. 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—

    1. a

      an NHS trust established by virtue of F3section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006,

    2. b

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

    3. c

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

  • F4“independent hospital”—

    1. a

      in relation to England, means—

      1. 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

      2. 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

    2. b

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

  • “proprietor”—

    1. 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

    2. 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.

F54

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.