Gambling Act 2005

159 Making of application E+W+S

(1) A person may apply to a licensing authority for a premises licence to be issued to him authorising the use of premises to carry on an activity listed in section 37(1).

(2) An application must be made to a licensing authority in whose area the premises are wholly or partly situated.

(3) An application may be made only by a person who—

(a) holds an operating licence which authorises him to carry on the activity in respect of which the premises licence is sought, or

(b) has made an application, which has not yet been determined, for an operating licence which authorises him to carry on the activity in respect of which the premises licence is sought.

(4) But subsection (3) does not apply to an application for a premises licence which authorises a track to be used for accepting bets (and which does not also, otherwise than by virtue of section 172, authorise it to be used for another purpose).

(5) An application may be made only by a person who has a right to occupy the premises to which the application relates.

(6) An application must—

(a) be made in the prescribed form and manner,

(b) contain or be accompanied by the prescribed information or documents, and

(c) be accompanied by the prescribed fee.

(7) Regulations prescribing a matter for the purposes of this section may, in particular, make different provision for—

(a) applications in respect of different classes of activity, or

(b) different circumstances.

(8) In this section “prescribed” means—

(a) in relation to applications to authorities in England and Wales, prescribed by regulations made by the Secretary of State, and

(b) in relation to applications to authorities in Scotland, prescribed by regulations made by the Scottish Ministers.

Commencement Information

I1 S. 159 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(2)(3), Sch. 2, Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)

I2 S. 159 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))

I3 S. 159 in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)

I4 S. 159 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.