Agenda item

McDonald’s, Communication House, 48 Leicester Square, London, WC2H 7LT (“The Premises”)

19/10353/LIPV

1.

Late Night Refreshment – Indoors and Outdoors

Seasonal variations/ Non-standard timings:

Current: One additional hour to standard timings on the day British Summertime commences.

No change proposed.

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application for a variation of a premises licence from Capital Arches Ltd, for a premises which operated as a McDonald’s fast food franchise offering hot food and non-alcoholic beverages. The Premises currently had a licence which allowed for the provision of late night refreshment, and the variation sought to extend the opening hours and provision of late night refreshment on Mondays to Sundays from 23:00 to 03:00, to 23:00 to 05:00. The Sub-Committee noted that the Premises were situated in the West End Cumulative Impact Area.

The Sub-Committee heard from Leo Charalambides (Barrister – representing the Applicant), who considered that the proposal would be an exception to cumulative impact policy, on the grounds that the Application and management and operation of the Premises were exceptional. He also considered that the Application was exceptional as there were no residential properties situated in the local area; and as the Application had received widespread support which had included a local Ward Member. Mr Charalambides stated that the Applicant recognised that being a quick service restaurant could have consequences for the local community, but had been able to establish protocols to deal with litter and recycling and to keep the area clean and clear. The Applicant was aware that police resources had reduced, so had introduced a joint initiative with the local business community to extend the provision of ‘My Local Bobby’ private security staff to 05:00.  Mr Charalambides stated that the business community did not seek to replace Police Officers, but to engage a dedicated security team which would add to existing resources and actively reduce crime, disorder and anti-social behaviour in the area.

Discussions to base the proposed piloting of the Soho Angels scheme in Leicester Square at McDonalds were ongoing, and Mr Charalambides commented that the disabled toilet facilities that were available at the Premises had been supported by the operators of the AccessAble App. Mr Charalambides stated that the Application had also received support from the London Czar and Mayor of London’s Women’s Safety Charter, as the Premises would serve as a refuge for vulnerable people that was covered by CCTV. 

The Sub-Committee noted that over the past three years, the Applicant had obtained the full complement of Temporary Even Notices for the 03:00 to 05:00 period for occasions such as Bank Holiday weekends and Pride. Mr Charalambides commented that although these had taken place at the worst possible times, the only incident that had been recorded had not been specifically linked with McDonalds. Mr Charalambides stated that the extended opening hours were favoured by staff, and that the Environmental Health Service and Metropolitan Police had agreed conditions which included the provision of CCTV cameras in the access to the toilets; and to trial a permanent dedicated toilet attendant on Fridays and Saturdays. The Sub-Committee noted that from Sunday to Thursday, the toilet area had regular inspections by uniformed staff every 30 minutes.  

Mr Charalambides stated that the Applicant was a company that went above and beyond what was required; and which had demonstrated its dedication to Leicester Square by providing significant resources and by working with the responsible authorities and other businesses to reverse the trend of cumulative impact. He also considered that the proven experience and operation of McDonalds had allowed the City Council to set a higher benchmark for other premises. Mr Charalambides suggested that the Environmental Health Service would provide a safeguard if any problems arose from the additional hours or if the Applicant did not deliver what it promised. He also considered that the Applicant would not have received the letters of support without having proven delivery.

Councillor Louise Hyams addressed the Sub-Committee in support of the Application in her capacity as a Ward Councillor, and commented on the letters of support that had been received from the Heart of London Business Alliance (HoLBA) and the Leicester Square Association. Councillor Hyams also supported the Soho Angels having a base in Leicester Square, and noted that that the My Local Bobby scheme would provide additional staff until 05:00. Councillor Hyams also noted that there were no residents in the local area who could be affected by the Application; and welcomed the availability of a disabled toilet.

Rico Pieri (Heart of London Business Alliance – Area Manager for Leicester Square & Piccadilly Circus) also addressed the Sub-Committee in support of the Application. Mr Pieri commended the Applicant’s backing of local initiatives such as the Best Bar None scheme, which had been launched in 2018 and sought to improve standards. Mr Pieri also commended the Applicant for helping to introduce the Soho Angels scheme into Leicester Square and for providing staff with vulnerability training; and believed that the Application would be of benefit to the area as a whole.

Karyn Abbott addressed the Sub-Committee on behalf of the Licensing Service. Ms Abbott confirmed that the Application fell within the City Council’s Fast Food Policy, which stated that applications within Cumulative Impact Areas would be refused unless hours were within core; or the Applicant could prove exceptional circumstances and demonstrate that the Premises would not add to cumulative impact.

PC Bryan Lewis addressed the Sub-Committee on behalf of the Metropolitan Police, who were maintaining their objection on grounds of policy and the prevention of crime and disorder. PC Lewis expressed concern that the premises were in a locality where there were traditionally high levels of crime and disorder. The Police also considered that the application would undermine the licensing objectives and cause further policing problems.

PC Lewis offered to provide further documents for consideration by the Sub-Committee which related to the Application.  In response, Mr Charalambides stated that the additional submissions should not be considered by the Sub-Committee as they had not been previously seen by the Applicant. The Legal Advisor to the Sub-Committee agreed that Mr Charalambides was correct, and that although the Chairman had a discretion to accept late papers, they could not be accepted in this case in light of the Applicant’s objection.

PC Lara Sharp also addressed the Sub-Committee on behalf of the Metropolitan Police, as one of two dedicated Ward Officers for the China Town area. PC Sharp considered that the extended hours would increase footfall in Leicester Square, and would encourage people to re-enter or remain in the area which would in turn lead to an increase in crime, disorder and anti-social behaviour. The Police stated that problems in the Leicester Square area currently dropped-off at 04:00; and highlighted that the additional security staff provided by local businesses had limited powers. The Police also believed that the recorded incident referred to by Mr Charalambides had been linked with McDonalds.      PC Sharp considered that an increase in the number of people in the area would provide more opportunities for crime, and in her professional opinion believed that the Application could only have a detrimental impact.

PC Lewis agreed that although there was currently some dispersal at 03:00, the premises would encourage retention with new people coming in; and during the summer would lead to people drinking in the area for the whole night. PC Lewis also commented that the My Local Bobby security did not have powers of arrest or carry the equipment that the Police had; and although the Police appreciated the availability of facilities for disabled people, they questioned the number of disabled people who would be in Leicester Square at 05:00.  With regard to the Premises being a source of refuge, the Police believed that vulnerable people could be put at risk by having to gain the attention of staff. PC Lewis suggested that Temporary Event Notices did not give a picture of reality; and that the location of toilets in the basement was not ideal as it would take a long time for security to respond if an incident were to occur. PC Lewis believed that the City Council’s Cumulative Impact Policy was very clear, and that there would be further incidents if the Application was to be granted.

The Chairman noted that the availability of the night bus and 24 hour tube made dispersal easier; and asked whether the Applicant would accept the later hours being limited to Friday and Saturday if the Sub-Committee were minded to grant the Application. Mr Charalambides confirmed that the Applicant would accept the limitation in order to be co-operative. In response, PC Lewis commented that Friday and Saturday nights were the most challenging, as a much higher number of people were in the area. Mr Charalambides suggested that the Police had fears rather than evidence, and considered that the availability of McDonalds late at night assisted the dispersal process as customers leaving the Premises made less noise. Mr Charalambides stated that Police in other areas had said that they would locate their knife response units and ambulance units at McDonald’s premises, and urged the Sub-Committee to look at the evidence carefully and grant the Application in view of the levels of support.  Mr Charalambides stated that in addition to caring passionately about reducing crime, disorder and anti-social behaviour, McDonalds actually delivered in terms of money, resources, partnership, support and results, as crime was falling where they were engaged.      

The Sub-Committee acknowledged the importance of the contribution the Applicant made to the community, Westminster and Leicester Square, which could be described as exceptional. The City Council’s Cumulative Impact Policy did, however, state that the Sub-Committee could not consider an application to be exceptional merely because the premises had a good operator and were well managed. The Sub-Committee believed that the Dedicated Ward Officer had particular knowledge of the area, and that she had given compelling evidence in stating her view that an extension of trading hours could cause an increase in crime in the area. Although it was appreciated that there may be no issue with the Application Premises, the Sub-Committee had to consider Leicester Square as a whole and felt that this could become a destination venue and attract more people to the area who may be intoxicated. After taking into careful consideration the evidence provided by all parties, the Sub-Committee did not feel that the extension of hours between 03:00 and 05:00 would promote the licencing objectives and the application was refused.

2.

Hours Premises are Open to the Public

Current: One additional hour to standard timings on the day British Summertime commences.

No change proposed.

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee refused the application, see the reasons for the decision in Section 1.