The Licensing Sub-Committee of Kensington and Chelsea Council was scheduled to consider an application to vary a premises licence for McDonald's at 208 Earl's Court Road, London, SW5 9QB. The application sought to extend the hours for late-night refreshments and the overall opening hours of the premises to allow for 24-hour operation.

Application to Vary Premises Licence for McDonald's, 208 Earl's Court Road

The primary item scheduled for discussion was an application by Smash Operations Limited to vary the premises licence for McDonald's at 208 Earl's Court Road, London, SW5 9QB. The current licence permits late-night refreshments indoors and outdoors between 23:00 and 02:00 daily, with the premises open from 05:00 to 02:00. The proposed variation would extend late-night refreshment hours to 05:00 daily and allow the premises to operate 24 hours a day.

The applicant, Smash Operations Limited, stated that they understand their duty to the local community and aim to protect staff and customers. They noted that McDonald's restaurants do not serve alcohol and do not use glass receptacles. The applicant expressed eagerness to work in partnership with responsible authorities and local communities.

To promote the licensing objectives, the applicant proposed several steps:

• Prevention of Crime and Disorder: This included maintaining a daily incident log, operating a CCTV system with staff trained in its operation and footage available to authorities within 24 hours, storing recordings for a minimum of 31 days, and ensuring the CCTV system meets Home Office specifications. Staff would receive training in substance abuse awareness and legal requirements for late-night refreshment. Shift managers would have safety and security training, including conflict management. An SIA registered door supervisor would be employed based on a written risk assessment, and body-worn video cameras would be used. Management would proactively monitor conduct on the public highway. A Staffsafe™ system with audio and visual monitoring would also be installed.
• Public Safety: The applicant stated a commitment to working with the Fire Service and Environmental Health Officers. Safety systems like Staffsafe™ would be in place, and staff would receive comprehensive safety training, including evacuation procedures. The restaurant operates a No Open Alcohol Containers policy.
• Prevention of Public Nuisance: McDonald's committed to litter patrols within a 100-metre radius at least three times daily. They proposed resident engagement meetings every six months with local councillors and residents' associations. Conditions were outlined to prevent noise and odour nuisance from music, plant operation, and cooking processes. Clearly legible notices would be displayed requesting patrons to leave quietly. A dedicated telephone number for the duty manager would be available for complaints. Delivery drivers would be instructed to behave in a manner that avoids noise disturbance. A Dispersal Policy detailing management controls and practical steps to limit noise from patrons entering or leaving the premises was also proposed. Pavement cleaning and specific waste collection arrangements were detailed.
• Protection of Children from Harm: The applicant stated they do not anticipate unaccompanied children using the restaurant during the extended hours but would continue to employ practices to ensure their safety.

Representations Received

The report detailed numerous representations received concerning the application.

• Responsible Authorities: PC Ian Davis submitted a representation on behalf of the Metropolitan Police on the grounds of the prevention of public nuisance. Concerns were raised regarding the nuisance caused by delivery drivers supporting the night-time economy. Specific conditions were requested regarding a Dispersal and External Management Plan.
• Other Parties: The licensing authority received 166 representations opposing the application from local residents and residents' associations, including submissions from Councillors Linda Wade and Hamish Adourian. Key concerns raised included:
  • The area already suffers from crime and a lack of police presence, and the extension would attract more disruptive individuals.
  • Granting the application could set a precedent for other establishments, leading to increased public nuisance, litter, petty crime, and anti-social behaviour.
  • The premises' location on a narrow pavement and proximity to Trebovir Road, a known congregation point for delivery bikers, would exacerbate noise and disturbance.
  • The area is residential, and an all-night licence is considered unacceptable, particularly given the limited police presence after 23:00.
  • Concerns were raised about the potential for the premises to attract drug users, rough sleepers, and beggars.
  • There would be an increase in delivery riders, who are already a nuisance and a risk to pedestrians due to traffic law violations.
  • The application was seen as contrary to the Council's Statement of Licensing Policy, which recognises the borough's densely residential nature and the drop in ambient noise levels after 23:00.
  • References were made to legal precedents such as the Chorion case, where refusal was based on cumulative impact, and Luminar Leisure Ltd v Wakefield MDC and Daniel Thwaites plc v Wirral BC, which affirmed the legitimacy of stricter closing hours.
  • Concerns were raised about the incompatibility with the Human Rights Act 1998 and the right to peaceful enjoyment of homes.
  • The closure of the McDonald's on King's Road, with a sign directing customers to the Earl's Court branch, was noted as a potential factor increasing traffic to this location.
  • Suggestions for conditions included no deliveries past midnight, a trained security guard at the door during late hours, no upbeat music, continuous CCTV operation, and regular meetings with local councillors and residents' associations.

The licensing authority also received two representations supporting the application. These highlighted the potential to support business viability, create jobs, and boost the local night-time economy. However, they also suggested additional conditions regarding fast food delivery vehicles and a requirement for security on the premises throughout night-time operations.

Other Information

• Complaints: Four noise/nuisance complaints had been received regarding the premises in the preceding 24 months.
• Temporary Event Notices: The premises had been subject to nine Temporary Event Notices in the past year.
• Planning Consent: The planning department had not made a formal representation, but a planning officer confirmed that a certificate of lawfulness for 24-hour use had been refused in 2024 due to a condition from a 1983 planning permission restricting opening hours to between 08:00 and 00:00. Operating 24 hours would be a breach of planning control, requiring a further application to the planning department.

The report outlined the steps the Committee could take, including granting the application in full, modifying conditions, or rejecting the application, all with a view to promoting the four licensing objectives. The location of the premises in Earl's Court ward, a busy commercial street with residential use above and in surrounding streets, was noted. A map of the area and lists of licensed premises and objectors were provided.