Agenda item

The licensing officer reported that the police had withdrawn their objections following the agreement of the conditions at pages 36 and 37 of the agenda.

The licensing officer had reported that she had seen the DVD enclosed with the application.  She considered that the cumulative impact only applied to the sale of alcohol in this area and not late night refreshment but would prefer the core hours in the licensing policy to be maintained.  She had concerns about where their customer base would be from in the early hours of the morning. She welcomed the agreement of the condition regarding SIA operators.

In response to questions it was noted that there were other McDonalds with SIA operators in Kings Cross and Chapel Market.  This had been as a result of anti social behaviour and where further conditions had been added to the licence following discussions between the authority and the applicant.  It was noted that core hours were up to 1am.  There were four licensed premises in the area that closed between midnight and 3am.  The Kings Cross and Chapel Market premises were open 24 hours although there would be more late night licensed premises in those areas.  Following the staffing by SIA operators, things had improved in those premises.

The applicant’s representative welcomed that the licensing authority had agreed that the cumulative impact policy did not apply in this instance as licensing police 3 referred to the management of alcohol, particularly in relation to off sales.  This premises did not impact negatively.  There were a number of fast food premises in the area that were open until 4 or 4.30 am.  These were detailed at page 83 of the agenda. McDonalds offered seating which the other premises didn’t and also provided a safe warm environment.  McDonalds would be the safer place where customers could sober up if necessary.  The franchisee was experienced and already managed a 24 hour premises.  The audio visual monitoring station was detailed and it was considered that 70% to 80% of anti-social behaviour had been reduced with its use.  The premises would be of a benefit to the local community who would be the principle users.  There had been no resident objections and the representation from the Better Archway Forum detailed an increase in alcohol hours which had not been applied for.  The representation from Councillor Burgess did not refer to the licensing objectives. There was a nightclub opposite the premises which closed at 4am.  McDonalds would not be looking for this custom and would be closing before dispersal from the nightclub. The police had withdrawn their objection and the representative asked that the Sub-Committee consider the Home Office guidance that stated that the police were the main source of advice relating to the promotion of the crime and disorder objective. During the operation of temporary event notices over ten weekends there had been no incidents.

In response to questions it was noted that the temporary event notices ran from 5am to 3am. Customers were not generally from clubs but were local residents.  Observations were carried out on two of the evenings.  It was considered that there was a higher level of anti-social behaviour at 3pm to 4pm following the end of the school day.  It was considered by the applicant’s representative that there would not be an increase in footfall but there would just be a greater choice for customers.  With reference to the incidents referred to in the police representation, it was reported that when these incidents were looked at in more detail they did not necessarily relate to McDonalds. The police welcomed the condition regarding SIA supervision and it was stated that this may also help control problems in other venues.

In summary, it was stated by the applicant’s representative that although planning and licensing were two separate regimes and in November 2015 the planning authority extended planning hours and had no issues with the hours applied for. 

RESOLVED

1) That a new premises licence in respect of McDonalds, 23 Highgate Hill, N19 5LP be granted:-

i)       To permit the provision of late night refreshment from 23:00 to 02:00 Sunday to Thursday and from 23:00 until 03:00 Friday and Saturday.

ii)      To permit one hour to be added to the start of British Summertime.

iii)    To permit the premises to operate from the end of permitted hours on New Year’s Eve until 05:00 on the morning of New Year’s Day.

iv)    Opening hours from 23:00 to 02:00 Sunday to Thursday and from 23:00 until 03:00 Friday and Saturday.

2) That conditions as outlined as detailed on page 36 and 37 of the agenda be applied to the licence.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

The Sub-Committee noted that the police conditions were agreed and the police representation was consequently withdrawn.  In particular, the Sub-Committee noted a stringent condition in relation to door supervisors had been agreed.  The Sub-Committee heard from the licensing authority that other McDonalds premises within the Borough used to cause problems late at night but that had improved following staffing by SIA operators.

The Sub-Committee heard evidence that McDonalds operated a staff safe monitoring system including audio and visual monitoring and that training sessions had been run in the use of this system.  The Sub-Committee noted that the premises had been operated under a series of TENs with no incidents.

The Sub-Committee took into consideration Licensing Policy 3 but noted that this related to alcohol led premises and not those only seeking late night refreshment.  The Sub-Committee also took into account 9 and 10 regarding the standards of management.

The Sub-Committee concluded that the grant of the licence with the additional agreed conditions would promote the licensing objectives. The Sub-Committee was of the view that although the hours sought were outside the core hours favoured in licensing policy 8, the grant of the licence was unlikely to create additional footfall in the area and the additional security could benefit the local community.