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,

(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 [F1 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;

• “independent hospital” has the same meaning as in section 2(2) of the Care Standards Act 2000 (c. 14);

• “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.

Textual Amendments

F1 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)

Commencement Information

I1 S. 16(1)(i) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch. and s. 16 otherwise in force at 7.2.2005 by S.I. 2004/2360, art. 2, Sch.