The Buckinghamshire Licensing Sub-Committee met to discuss an application for a new premises licence for a McDonald's restaurant located at the former site of Askes Factory, Stock Lake, Ellsbury, HP21DS. The committee decided to grant the license, with conditions focusing on monitoring noise and displaying notices to encourage considerate behaviour from customers. The decision took into account concerns raised by local residents regarding potential disturbances and the need to balance those concerns with the applicant's right to operate their business.

McDonald's Premises Licence Application

The sub-committee convened to consider an application by McDonald's Restaurants Ltd for a new premises licence at the former Askes Factory site in Stock Lake, Ellsbury. The application sought permission for late-night refreshment, both indoors and outdoors, between 23:00 and 05:00 every day, with the premises open to the public 24 hours a day.

Decision: The sub-committee granted the premises licence with conditions.

Kerryann Ashton, Licensing Officer, presented a report outlining the application details and representations received. Six valid objections were received from local residents, raising concerns about:

• Antisocial behaviour and crime
• Public safety due to increased traffic
• Litter
• Noise from customers and late-night traffic
• Protection of children from harm

One representation was received in support of the application from Aylesbury Town Council.

Sarah Clover, the applicant's representative, argued that many of the residents' concerns had already been addressed during the planning permission process, which included 24-hour opening. She also highlighted that the police and environmental health authorities had raised no objections. Ms. Clover emphasised McDonald's' commitment to being a responsible neighbour, including conducting litter patrols and training staff to handle antisocial behaviour.

Conditions

Following discussions, the sub-committee agreed to add conditions to the licence, focusing on noise reduction and responsible behaviour:

• Monitoring of outdoor seating area: McDonald's staff will monitor the outdoor seating area between 23:00 and 05:00 to address any noise or disturbance caused by customers.
• Display of notices: Notices will be displayed to encourage customers to be considerate to neighbours and limit noise when ordering and leaving the premises.

Councillor Kirsten Ashman raised the issue of protecting children from harm, and Ms. Clover responded that McDonald's staff are trained to identify and respond to safeguarding issues.

Councillor Paul Griffin asked about outside seating, and was told that there are some tables at the front of the restaurant, which are used by courier drivers. He also asked about the delivery drivers, and Mark Gallant of McDonald's responded that they have the ability to vet the drivers and ban them if they are not behaving correctly.

During the meeting, Ms. Ashton shared proposed licence conditions, and Ms. Clover confirmed agreement with the wording, with one addition.

Ms. Clover cited the case of Hope and Glory, and invited the legal advisor to look at paragraph 42, stating that support for the local economy is something that can be taken into consideration.

Ms. Clover objected to a proposed condition that would have prohibited anyone from sitting outside, saying that it was disproportionate. She said that if people are utilising the seating and not causing a problem, then prohibiting it outright between the hours of 11 and 5 would be disproportionate.

Ms. Clover invoked Thwaites, saying that if noise carrying from outdoor seating were a concern, it would have been raised firstly in the planning application, and secondly, the environmental health officers would have made a representation to the committee when they were consulted on this application to impose a belt and braces condition of this sort without evidence is unlawful.

Ms. Clover and Mr. Gallant agreed to the amended condition, which focused more on monitoring.

Licensing Policy Considerations

The sub-committee considered the council's adopted licensing policy, which encourages high standards of management in licensed premises and considers conditions a key part of promoting the licensing objectives¹. The policy addresses issues such as antisocial behaviour, prevention of public nuisance, and protection of children from harm.

The sub-committee also took into account the Home Office guidance issued under Section 182 of the Licensing Act 2003, which provides a clear focus on promoting the four statutory licensing objectives.