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Contact: Lyndsey Parnell Senior Elections and Members' Services Officer
Election of a Chair.
Councillor Paling was elected Chair of the Panel
Apologies for Absence.
No apologies for absence were received.
Declarations of Interest.
The Panel considered an application to vary the Premises Licence granted to McDonald’s Restaurants Ltd, Sir Joh Robinson Way, Arnold, Nottingham on 27 May 2016.
The Panel heard evidence from representatives of the applicant, the interested parties and the Responsible Authorities.
In making its decision, the Panel has had regard to the Gedling Borough Council Licensing Policy, the guidance issued under section 182 of the Licensing Act 2003 and the Human Rights Act 1998 and has carefully considered all the evidence presented to it.
The Panel has made this decision to promote the 4 Licensing Objectives:
1. Prevention of crime and disorder;
2. Public Safety;
3. Prevention of Public Nuisance;
4. Protection of Children from harm.
To grant the application to vary the permitted hours for the sale of late night refreshment be from 2300 to 0500 (from both the restaurant and the drive through), subject to the conditions agreed with the Police and set out in the Operating Schedule, and the additional conditions as follows:
1. Signs are to be erected (prior to the additional hours being implemented) and maintained for the life of the licence at the entrance to the premises, at the point the food is ordered for the drive through and the point of collection, and at the exit to the premises. Such signs to be clearly visible to customers, and advising them to be respectful of the local residents and to use the area in a quiet and orderly manner.
2. The two bays at the front entrance (used for customers awaiting food ordered at the drive through window) will not be used between the hours of 2300 and 0500.
3. The fence that currently runs alongside the driver through lane will be extended around the car park as far as is required to ensure that car headlights from those using the driver through lane do not shine into the residential properties opposite. Such extension to the fencing to be completed prior to the new opening hours being implemented and to be maintained for the life of the licence.
4. The licence holder shall take all reasonable steps to ensure that staff and customers outside the restaurant do not cause noise nuisance to the nearby residents.
Reasons for Decision
To address the concerns of the residents of the properties opposite in relation to public nuisance both from noise and light whilst allowing the applicant to trade for additional hours.
The panel considered that the conditions imposed by the panel, in conjunction with those agreed with the Police (where they do not duplicate them) would promote the licensing objective and mitigate the effect of the extended hours on the residents. In addition, the conditions achieved additional protection for the residents between the hours of 2300 and 0100 which are currently not conditioned.
The panel were mindful that if the conditions are not adhered to, or if the Applicant does not operate in accordance with the licensing objectives, a review of the licence may be brought ... view the full minutes text for item 8.