Greenwich Council

Decision details

McDonald's 2 Crescent Arcade, London, SE10 9EJ

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Having considered all the evidence put before it the Sub-Committee decided to grant the Premises Licence under the Licensing Act 2003 in respect of the

 

McDonalds Restaurant, 2 Crescent Arcade, London, SE10 9EJ

 

as follows:

 

That the hours for licensable activities

 

the provision of late night refreshment shall be

 

Sunday – Thursday

23:00 - 24:00

Friday – Saturday

23:00 - 01:00

 

Non-standard timings for the provision of late night refreshment shall be

 

New Year’s Eve

23:00 - 05:00

British Summer Time

One hour to be added to British Summer Time

 

The licence is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant as set out as follows:

 

1.       A duty manager will be employed on the premises seven days a week and will be on when licensable activities are taking place (the “licensable period”). All such managers shall be trained in McDonald's security and safety procedures to ensure staff welfare, customer safety and to prevent crime and disorder and public nuisance. All duty managers shall be trained in conflict management training.

2.       The McDonald's Staff Safe system will be installed and in operation.

3.       Washrooms and toilets shall be made available for customers throughout the licensable period, and these shall be regularly checked by staff.

4.       The premises shall have a CCTV in operation throughout the restaurant areas, including a camera covering each of the entrances that is capable of providing an image that is recognised as identification standard. The system shall retain images for not less than 31 days. Notices warning customers that CCTV is in operation for the protection of staff and customers shall be prominently displayed in the restaurant.

5.       The first floor area shall be closed off to customers during the licensable period.

6.       An incident log shall be kept at the premises to record any known incident of crime and disorder.

7.       The licence holder shall join and participate in any local Pubwatch scheme, where one is in operation.

8.       Prominent notices shall be displayed in the restaurant requesting customers to respect local residents and leave the premises quietly, and not to loiter.

9.       Litter receptacles for trade and customer waste shall be provided within the curtilage of the site, and staff will conduct regular litter patrols to clear litter within the curtilage of the site.

10      There will be two managers present on the premises during the period of licensable activities

 

The Sub-Committee also agreed the following additional condition:

11.     A suitable barrier shall be placed across the stairs on the ground floor to prevent access to the first floor area during the period of licensable activities

 

The Sub Committee’s decision was based on issues raised concerning the prevention of crime and disorder and the prevention of public nuisance.

 

In reaching their decision the Sub-Committee considered the written representations and those made in person by Howard Jones at the meeting. He highlighted issues relating to noise nuisance experienced by the residences above the row of shops, and explained the positioning of the restaurant in relation to his and other properties. He explained that the main toilets were on the first floor and so he was concerned that it would be used nonetheless. He also highlighted the gathering of smokers outside the restaurant/DLR station and the issues with beggars in the area.

 

The Sub-Committee considered the application, the additional documentation supplied by the applicant and the submissions of their Counsel. It was made clear all efforts would be made to prevent the beggars from accumulating at the restaurant and that the entrance to the first floor/stairs would be closed off by a barrier, customers would be restricted to the toilet(s) downstairs. It was explained that the accumulation of persons outside smoking were often unrelated to the restaurant but there awaiting the DLR. The Applicant further went through the litter collection route taken by employees and the significant efforts made by the restaurant to keep the area clean. The Sub-Committee particularly considered the Witness Statement of Mike Smith, submitted in support of the application, which they considered of assistance in addressing the issues raised.

 

The Sub-Committee retired to reach a decision. It was agreed that the restaurant was within a cumulative impact zone and therefore the licence should only be granted if it would not add to the cumulative impact experienced in the area and the committee considered the application and representations under this test. The Sub-Committee was satisfied that the licence would not add to the cumulative impact due to the nature of the premises and the significant conditions volunteered by the Applicant to assist, including litter clearance and security staff. The Sub-Committee considered that it was necessary to ensure that the first floor area was barred to customers during the licensed hours to prevent noise and therefore imposed a condition in accordance with the explanation offered by the Applicant.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates Court.  Such an appeal must be submitted to the Magistrates Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover email or letter to the Notice of Decision.

Report author: Christopher Devine

Publication date: 09/11/2017

Date of decision: 02/11/2017

Decided at meeting: 02/11/2017 - Licensing Sub-Committee B

Accompanying Documents: