Agenda item

Members of the Statutory Licensing Sub Committee of the Council’s Statutory Licensing Committee were asked to consider an application for grant of a premises licence under the Licensing Act 2003 for McDonald's Restaurant – Yarm Road Stockton-on-Tees TS18 3RU to which there had been representations from residents.

 

The application was for the late night refreshment:

 

• Monday to Sunday 23:00 – 00:00

 

A copy of the full application details and the proposed plan was included the officers main report.

 

In terms of responsible authorities, licensing conditions had been agreed during the consultation process between the applicant, Cleveland Police and Environmental Health

           

Representations had been received from local residents, full details of which were contained within the report.

           

Mark Gallant on behalf of McDonald’s and legal representative Richard Wormald were in attendance and were given the opportunity to make representation.

 

A resident who had made representation was also in attendance and given the opportunity to make representation.

 

The Chair introduced all persons who were present and explained the procedure to be followed during the hearing.

 

A copy of the report and supporting documents had been provided to Members of the Committee and to all persons that had made representation prior to the meeting.

 

The Licensing Officer presented the report to the Statutory Licensing Sub-Committee.

 

Richard Wormald on behalf of the applicant for McDonald’s Restaurant, Stockton on Tees presented the application to the Statutory Licensing Sub-Committee.

 

The main topics discussed were as follows:

           

- This was a new McDonalds site and was due to open on 5 November 2025.

 

- The Sub Committee were informed that the applicant had been employed by McDonalds for many years and had worked his way from the shop floor up.

 

- The licensing application was to extend the serving of hot food and hot drinks for 1 additional hour from 23:00 hours to 24:00 hours which was within the Councils licensing policy.

 

- The applicant appreciated resident’s concerns however there was a railway line and mature trees creating a division between the application site and residential properties.

 

- The applicant had given a lot of thought to licensing policy and in the interest of amenity a decision was made for the operational hours to be between 06:00 hours and 24:00 hours.

 

- There was to be a fence constructed to the rear of the site and lights on the site would be shielded and monitored to ensure minimal, if any, impact on neighbouring residents as well as a traffic management plan, all of which had been considered by the Planning Committee in October 2024.

 

- Brief discussion was had relating to public nuisance. Environmental Health had proposed conditions which had addressed residents’ concerns and there had been no objections by Cleveland Police.

 

- A brief explanation was given of how a new McDonald’s franchise was generally set up.

 

- The franchisee successfully ran 5 other McDonald’s locally, had invested in the new restaurant, had knowledge of the local area and had a commercial desire to make the restaurant work. They also sponsored local football and charities. The franchisee was also committed to addressing any issues from residents should there be any.

 

Members were given the opportunity to ask questions of the applicant which could be summarised as follows:

 

- Questions were raised relating to how long after closing the external lights would remain on during cleaning up time and the impact that light pollution may have on neighbouring residents. Brief discussion was also had relating to Anti-Social Behaviour.

 

- The applicant’s legal representative explained that the lighting was low level in the car park and would not affect the neighbourhood. Police had also been involved, and it was not believed that Anti-Social Behaviour would be an issue. Outside seating had been removed and it was expected that there would only be the occasional foot persons and drive through during the requested additional hour. If patrons were to slam car doors when using the drive through, then there was signage asking customers to be respectful of the local area.

 

- The applicant was asked if the last hour from 23:00 hours and 24:00 hours could be limited to drive through and delivery only

 

- The applicant confirmed that the request for delivery and drive through only between the 23:00 hours and 24:00 hours could be a possibility, however they would like the licence to be granted as asked.

 

A resident who had made representation was in attendance and given the opportunity to make representation. Their comments could be summarised as follows:

 

- Concerns relating to noise were highlighted as well as the 5 conditions which had been proposed by Environmental Health which the resident felt were open to interpretation and therefore needed clarifying.

 

- Could use of the external area be limited to 19:00 hours?

 

- Although the external seating had been removed which was appreciated, there were concerns that people would use the car park to sit and eat food in their cars possibly playing music, which, if loud enough would still be heard in resident’s homes through the fencing and the trees which separated McDonalds from those properties.

 

-  How would people be stopped from using the car park when the restaurant was closed?

 

- Would the notices in and around McDonalds asking patrons to leave quietly be enough?

 

- Questions were raised relating to the music played during operational hours in McDonalds and if this would also be played through the serving hatch?

 

- Clarity was sought as to the times deliveries would be made and food waste bins collected.

 

- Would the clearing of litter and food waste on the application site extend to the residential area?

 

The representative for McDonald’s and his legal representative were given the opportunity to respond to the residents’ concerns, these could be summarised as follows:

 

- The applicant explained that McDonalds management were trained in dealing with certain behaviour, such as, if people were using the car park with doors and windows open, they would be asked to be respectful otherwise they would get in touch with the relevant responsible authorities. Residents could also contact the restaurant should they hear noise in their homes coming from the application site. McDonald’s as a brand did not tolerate Anti-Social Behaviour and it would be stamped out as quickly as possible.

 

- It was highlighted by the applicant that the Lidl car park which was the adjacent site could be used by people parking overnight, however no one did. Worst case scenario, a gate could be put in place but was unlikely.

 

- It was confirmed that music would only be played in the dining area and not be played through the serving hatch.

 

- It was a customer’s responsibility to be a good neighbour and signs would remind them of this, however if there was continued nuisance this would be taken further by management.

 

- There would be no deliveries or food waste collections between the hours of 23:00 hours and 07:00 hours, and should this be breached then it would be investigated by Environmental Health

 

- There would be 3 collections of waste from the site per day and those would take place at sunrise, midday and sunset. The areas covered would be the car park and nearest streets. If a hot spot was identified, then the franchisee would look at focusing on that area once a day. Other rubbish would also be collected not just McDonald’s rubbish.

 

The applicant’s representative was given the opportunity to make a closing statement.

 

The Sub-Committee, had considered all of the papers before them and listened carefully to everything that had been said, including the representation made by the resident concerns.

 

The Sub-Committee had determined that the application should be granted.

 

RESOLVED that the application for grant of a Premises Licence for For A Premises Licence McDonald’s Restaurant – Yarm Road, Stockton-On-Tees, TS18 3RU be granted for the reasons as detailed above.