Agenda, decisions and minutes

Licensing Act 2003

Notice of Decision

PREMISES

McDonalds

Straight Road,

Romford,

RM3 8XR

APPLICANT

Mr F Simpson

1 Archgate Business Centre,

Morth Finchley,

London

N12 8UB

1.    Details of Application

Comments and observations on the application

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application. The required public notice was installed in the Yellow Advertiser on the 20 July 2016.

2.    Details of Representations

There were no representations against this application from interested persons.

There was one (1) representation against this application from a responsible authority:-

Planning Enforcement

Details of representations

Valid representations may only address the following licensing objectives:

• The prevention of crime and disorder
• The prevention of public nuisance
• The protection of children from harm
• Public safety

The planning department’s objection related to the prevention of public nuisance.

An assessment by the planning department was undertaken in 2009 with relation to the drive thru lane of the McDonalds restaurant, and the impact on the amenity of the local area was considered and subsequently conditioned. This was recently reviewed under newer planning applications P1351.14 and P1643.14. The use of the drive thru was subsequently conditioned so that:

“1. The drive thru facility hereby permitted shall only be open to the public between the hours of 06.30 and 23:30 on any day of the week.

Reason:-

To enable the Local Planning Authority to retain control in the interests of amenity and in order that the development accords with Development Control Policies Development Plan Document Policy DC61.”

The licence application sought to have the drive thru open past what had been approved by recent planning decisions. There had been several planning applications considered over the last year that would indicate that the use of the drive thru had been seriously considered and subsequently conditioned; with no appeal made against the decisions taken the Council’s planning department to regulate the use of the drive thru. Given the decisions that had been taken by the planning department (where the impact of the use of the drive thru had been conditioned to protect the amenity of the local residents), and there had not been a considerable change to the circumstances that would mean that a planning application for the hours proposed in the licence would be granted, the planning department deem that the proposed hours of operation do not accord with any approved planning permissions, nor would a planning application be granted for the times applied for in the licence application. As such the application for the licence goes directly against Licencing Policy 6. However, as the planning and licencing regimes were separate there had been consideration of the merits of the licence application.

The proposals in the licence application sought to have the drive thru open from 6am to midnight every  ...  view the full decision text for item 1.

PREMISES

McDonalds

Straight Road,

Romford,

RM3 8XR

APPLICANT

Mr F Simpson

1 Archgate Business Centre,

Morth Finchley,

London

N12 8UB

1.    Details of Application

Comments and observations on the application

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application. The required public notice was installed in the Yellow Advertiser on the 20 July 2016.

2.    Details of Representations

There were no representations against this application from interested persons.

There was one (1) representation against this application from a responsible authority:-

Planning Enforcement

Details of representations

Valid representations may only address the following licensing objectives:

• The prevention of crime and disorder
• The prevention of public nuisance
• The protection of children from harm
• Public safety

The planning department’s objection related to the prevention of public nuisance.

An assessment by the planning department was undertaken in 2009 with relation to the drive thru lane of the McDonalds restaurant, and the impact on the amenity of the local area was considered and subsequently conditioned. This was recently reviewed under newer planning applications P1351.14 and P1643.14. The use of the drive thru was subsequently conditioned so that:

“1. The drive thru facility hereby permitted shall only be open to the public between the hours of 06.30 and 23:30 on any day of the week.

Reason:-

To enable the Local Planning Authority to retain control in the interests of amenity and in order that the development accords with Development Control Policies Development Plan Document Policy DC61.”

The licence application sought to have the drive thru open past what had been approved by recent planning decisions. There had been several planning applications considered over the last year that would indicate that the use of the drive thru had been seriously considered and subsequently conditioned; with no appeal made against the decisions taken the Council’s planning department to regulate the use of the drive thru. Given the decisions that had been taken by the planning department (where the impact of the use of the drive thru had been conditioned to protect the amenity of the local residents), and there had not been a considerable change to the circumstances that would mean that a planning application for the hours proposed in the licence would be granted, the planning department deem that the proposed hours of operation do not accord with any approved planning permissions, nor would a planning application be granted for the times applied for in the licence application. As such the application for the licence goes directly against Licencing Policy 6. However, as the planning and licencing regimes were separate there had been consideration of the merits of the licence application.

The proposals in the licence application sought to have the drive thru open from 6am to midnight every day. It was noted that there  ...  view the full minutes text for item 1.