A McDonald's in Earl's Court is seeking to extend its operating hours to 24 hours a day, a move that has sparked significant opposition from local residents and community groups. The Kensington and Chelsea Licensing Sub-Committee is set to consider the application, which has drawn a large number of representations both for and against the proposal.
Smash Operations Limited, the applicant, seeks to extend the hours for late-night refreshment indoors and outdoors at its McDonald's location at 208 Earl's Court Road from 23:00 to 05:00 every day. This would effectively allow the restaurant to operate around the clock. However, the premises' existing planning permission, granted in 1983, restricts opening hours to between 8:00 am and 12:00 midnight. The exact wording of Condition 9 of the planning permission states: The premises shall not be open to the public for use hereby permitted other than between the hours of 8.00am and 12.00 midnight.
The applicant's statement included in the report pack outlines steps to promote licensing objectives, including measures to prevent crime and disorder, ensure public safety, prevent public nuisance, and protect children from harm. These steps include maintaining a daily incident log, operating CCTV, training staff in substance abuse awareness, and employing SIA registered door supervisors where required. The applicant also stated a commitment to regular litter patrols and resident engagement through meetings with local ward councillors and residents' associations.
However, the application has faced strong opposition. According to the report pack, the licensing authority received 166 representations opposing the application, including submissions from Councillors Linda Wade and Hamish Adourian, and several local residents' associations. Concerns raised include:
- Increased crime and disorder
- Public nuisance, litter, and anti-social behaviour
- Impact on local residents' quality of life
- Nuisance caused by delivery riders
- Incompatibility with the Council's Statement of Licensing Policy and the Public Space Protection Order (PSPO) in effect for Earl's Court
- Breach of the Council's obligations under the Crime and Disorder Act 1998 and the Human Rights Act 1998
Police Constable Ian Davis, on behalf of the Metropolitan Police, also submitted a representation citing concerns regarding the prevention of public nuisance, particularly from delivery drivers. PC Davis noted that the Earl's Court area is a vibrant location within a densely populated borough and raised concerns about the nuisance caused by delivery drivers supporting the night-time economy. PC Davis requested that a Dispersal and External Management Plan be submitted for consultation, detailing procedures to control noise generated by members of the public, employees, and delivery drivers.
Despite the overwhelming opposition, the licensing authority also received two representations supporting the application, stating that granting the application would support the viability of the business, create jobs, and support the local night-time economy. These representations also suggested additional conditions to address concerns about delivery vehicles and noise nuisance. Suggested conditions included addressing issues caused by fast food delivery vehicles (Uber Eats, Deliveroo, etc) at the junction with Trebovir Road, such as illegal and dangerous parking and driving on the wrong side of the street. They also suggested a requirement for security on the premises throughout the night-time operations, a ban on all deliveries post-midnight across Earl's Court Road for any new applicant, patrols to pick up litter and ensure customers do not loiter on resident doorsteps, visible door security after midnight, a contribution towards the council's funding of night-time street enforcement patrols, regular jet-washing of the pavement, and continuous CCTV operation.
The report pack also noted that four noise/nuisance complaints had been received regarding the premises in the preceding 24 months, and that the premises had been the subject of nine Temporary Event Notices in the past year.
Furthermore, a planning officer stated that a certificate of lawfulness for 24-hour use of the premises had been refused in 2024 because the planning permission granted in 1983 included a condition restricting opening hours. The planning officer submitted that if the variation application was granted, its operation 24 hours a day would be in breach of planning control, and a further application would need to be made to the planning department to regularise the proposed hours.
The sub-committee is requested to make a decision on the application, taking into account the representations and relevant legislation and guidance.
One representation stated that a new all-night premises would draw exactly the sort of late-night crowds that end up drunk on the street, urinating in doorways, making noise, and refusing to leave the area, i.e. the very behaviours the PSPO prohibits.
This highlights concerns that the extended hours could violate the Public Space Protection Order (PSPO) in effect for Earl's Court, which:
- bans street urination/defecation outside of public toilets
- prohibits consuming alcohol in public places in a manner causing harassment, alarm or distress (with police empowered to seize alcohol)
- bans group loitering or refusing to disperse when causing intimidation or disturbance