Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     New premise licence

Location:      McDonald’s Restaurant, 63 Northbrook Street, Newbury RG14 1AE

Applicant:    11/01803/LQN

The Licensing Sub-Committee of West Berkshire Council met on Wednesday 04 January 2012 and resolved to approve Application 11/01803/LQN in respect of premises known as McDonalds, 63 Northbrook Street, Newbury RG14 1AE.

In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:

1.                 the prevention of crime and disorder;

2.                 public safety;

3.                 the prevention of public nuisance; and

4.                 the protection of children from harm.

They also considered the Department of Culture, Media and Sport Guidance on the Licensing Act 2003 and West Berkshire Council’s Licensing Policy.

The Sub-Committee heard representations made by:

1.                  The Applicants:         Rebecca Clutten, Counsel for McDonald’s Restaurants Ltd, Andrew Holton - Operations Consultant – McDonald’s, Gareth Brampton – Store Manager – McDonald’s Restaurants Ltd.

2.                  The Objectors:           Cllr David Allen – Newbury Town Council

In reaching its decision, the Sub-Committee had particular regard to paragraph 4.2 of the Council’s Licensing Policy which states that the Licensing Authority will concentrate on matters within the control of the (applicant).  The Policy also states that the Licensing Authority will generally be concerned with only the premises in question and its vicinity, and the impact which those premises may have on members of the public living, working etc in the area concerned.  Paragraph 7 of the Council’s Policy also states that each application must be considered on its merits.

The Sub Committee considered Chapter 2 of the Department of Culture, Media and Sport Guidance, with particular regard to those paragraphs dealing with crime and disorder and nuisance.  The Sub-Committee also noted the control measures for dealing with public nuisance and crime and disorder which the Applicant had detailed in the Operating Schedule and during representations made on its behalf at the hearing, such as CCTV, a ‘live radio link to the police’, litter patrols and the existence of bins in the vicinity of the Premises. 

Having regard to the above and having considered the Application and representations made on behalf of the Applicant and the Objector, the Licensing Sub-Committee RESOLVED that Application 11/01803/LQN be granted subject to the conditions detailed in the Operating Schedule attached to the Application, and any relevant mandatory conditions as detailed in ss19-21 of the Licensing Act 2003.  

Signed by Councillors Paul Bryant (Chairman), Peter Argyle and Mollie Lock on 09 January 2012.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 11/01803/LQN in respect of MacDonald’s, 63 Northbrook Street, Newbury RG14 1AE.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council) and Rebecca Clutten solicitor for the applicant addressed the Sub-Committee on this application.

Ms Matheou, in addressing the Sub-Committee, raised the following points:

On 02 November 2011 West Berkshire Council’s Licensing Team received an application for a premises licence to be granted under the Licensing Act 2003 from McDonald’s Restaurants Limited, 63 Northbrook Street, Newbury Berks RG14 1AE.

The application was made for the licensable activity – provision of late night refreshment Monday – Sunday 23.00 to 0500hours.  The consultation period ran from 02 November 2011 to 30 November 2011.

Representation on the ground of prevention of public nuisance, crime and disorder was received from Mr Graham Hunt Chief Executive Officer, Newbury Town Council.

No mediation had taken place.

Rebecca Clutten (Shoosmiths), in addressing the Sub-Committee, raised the following points:

Currently McDonald’s traded for 18hours per day in the high street location and in the last two years had received no objections.  It was a well managed store with no existing problems.  It was sited near to a Domino’s Pizza outlet which operates until 02.00am.  All the applicant was asking for was a six hour extension to their existing hours of business.  They were not proposing to sell alcohol and no drinks would be supplied in glass containers.  No representations had been received from relevant authorities such as the Police or Environmental Health, and there had been no representations received from any businesses or residential groups in near proximity to the restaurant.  The only representation received was from Newbury Town Council who claimed to be acting on behalf of their constituents although no evidence had been provided to that effect.

The issue of possible additional noise disturbance would not be a problem as the restaurant was fitted with self closing doors and it was not a high noise generating activity as the majority of their custom was eat in, hence the significant number of seats in the restaurant.  The restaurant was in a town centre location and was 100 metres from the nearest residential property.

Regarding the issue of customers being intoxicated, the intoxication was outside the control of the applicant as McDonald’s do not serve alcohol.  Late night food provision might help with this problem and what people chose to do after they had left the premises was also outside the control of the applicant.  All staff were trained in safety and security and there was extensive CCTV coverage within the restaurant with a radio link to the police.

There were no existing problems regarding litter and the applicant provided extensive litter patrols that also included them picking up litter other than that originating from the restaurant.  There were 2 – 3 litter patrols throughout the day with waste bins supplied within the restaurant.  Northbrook Street also had  ...  view the full minutes text for item 2.

Councillor David Allen who was representing Newbury Town Council advised that Newbury Town Council’s Planning and Highways Committee had discussed the application and had taken the following views:

The later opening hours would cause noise disturbance to local residents.  The Town Centre is becoming more and more residential.  Planning applications for flats were increasing and conversions from shops and offices to living accommodation were on the increase.  For instance the Newbury Town Council had recently considered applications for flats in Northbrook Street and West Street, all within a very short distance of the restaurant.

In addition, the Parkway development had opened and 147 apartments would shortly be ready for occupation.  The Parkway site was very close to the restaurant and Newbury Town Council believed that residents would be disturbed by the extension of the opening hours.

The later opening hours of what was primarily a take-away restaurant would mean that more people, possibly in an intoxicated state, would remain in the town and on the streets for a longer period thereby increasing the possibility of public disorder incidents.  It would also generate more litter and the time window for clearance of the litter would be reduced.  It had been noted that the applicant had not agreed in the application to additional litter patrols or that the patrols would include the Parkway area.

Were the application approved, Newbury Town Council would urge the applicant to ensure that regular cleaning patrols took place and that notices were displayed asking customers to respect the fact that they were in a residential area and should keep noise to a minimum.  The Town Council would also ask that any CCTV system in place should be operating 24 hours a day.

Councillor Paul Bryant, the Chairman, asked if the members of the Sub-Committee had any questions.  The Sub-Committee responded to advise that they had no questions.

The Sub-Committee retired at 10.50am to make its decision.

Having taken the representation into account, the Licensing Sub-Committee RESOLVED that Application 11/01803/LQN be granted subject to the conditions as in the operating schedule and any relevant mandatory conditions in ss19-21 of the Licensing Act 2003.