The Licensing Panel of West Oxfordshire Council granted a new premises licence to INA Restaurants Limited, trading as McDonald's, for their site on Ducklington Lane in Witney. The licence allows for the sale of late-night refreshment, with the panel deciding to grant the application as per the operating schedule, with a note that the council reserves the power to review the licence should any issues arise.

Application for a New Premises Licence for McDonald's, Witney

The panel considered an application for a new premises licence for the McDonald's restaurant located on Ducklington Lane, Witney. The application, made by INA Restaurants Limited, sought permission to sell late-night refreshment between 11:00 PM and 5:00 AM, with the premises itself operating 24 hours a day, restricted to drive-through orders and deliveries during these late hours.

The applicant, represented by Alistair Smith, Operations Manager, and Mark Lougheed, Operations Supervisor, explained that the application was for a controlled overnight operation limited to drive-through customers and delivery couriers. They highlighted that their operating schedule included safeguards such as CCTV, management supervision, and courier controls, designed to minimise public nuisance. Crucially, none of the responsible authorities, including Thames Valley Police, Oxfordshire Fire Service, Planning Services, and Technical Pollution Services, had objected to the application.

However, the application had received representations from local residents and Witney Town Council, raising concerns primarily related to the prevention of public nuisance and the prevention of crime and disorder.

Concerns Raised by Residents and Witney Town Council:

Several residents living near the McDonald's expressed strong objections, citing existing issues with noise, particularly from cars and motorbikes, and concerns that extending operating hours would exacerbate these problems.

• Noise and Public Nuisance: Residents on Colwell Drive and Mallard Road, and those living behind the premises, voiced concerns about increased noise from traffic, revving engines, loud music, and people congregating outside the restaurant during the late-night hours. Sharon Wickson, whose supporting living house backs onto McDonald's, highlighted the potential impact on vulnerable adults. Jill and Philip Hickman, who also live adjacent to the premises, stated they already suffer from noise pollution and that an extension would be inexcusable. Lynn Wraight noted that the area already experiences noise from burglar alarms and noisy exhausts, and that a 24-hour McDonald's would worsen the situation, especially when pubs close. Kinga Piotrowska mentioned witnessing disturbances with groups of young men gathering and cars racing down Ducklington Lane. Councillor McCarroll also noted strong objections from residents regarding noise and gangs late at night, and pervasive smells.
• Anti-social Behaviour and Crime: Concerns were raised that the 24-hour operation would become a hub for youngsters to gather when other establishments are closed, potentially leading to increased anti-social behaviour. Samantha Lyon, living directly opposite the premises, argued that an external service hatch would actively invite people to gather, loiter, and consume food outside, creating an uncontrolled outdoor gathering point which is a known catalyst for anti-social behavior. She also highlighted that the site had previously been identified as a localized crime hotspot and urged the panel to re-consult statutory consultees, particularly Thames Valley Police, given the altered dynamics of an external hatch compared to a drive-through only operation. Michael Collins stated that McDonald's had not adhered to previous planning consents regarding litter and cooking odours, and that signs asking customers to respect neighbours were a complete joke. Lisa Collins echoed these sentiments, stating that polite notices had never made a difference and that staff had never been able to control these problems.
• Litter and Odour: Residents also raised concerns about littering around the premises and the nearby Tesco Express car park, with sightings of rats. The issue of cooking odours, particularly during hot weather, and the noisy extraction system were also mentioned.
• Traffic and Parking: While the Licensing Act 2003 does not consider traffic and parking issues, some residents mentioned these as contributing factors to their concerns. Witney Town Council, while having no objection to the application itself, did raise concerns about the potential for public nuisance arising from late-night activity, including noise, anti-social behaviour, and littering, encouraging appropriate mitigation measures and ongoing monitoring.

Applicant's Response and Panel's Deliberations:

Alistair Smith and Mark Lougheed addressed the councillors' questions regarding management supervision and courier controls. They explained that managers are trained to handle various customer interactions and that courier controls involve maintaining good relationships with delivery companies to ensure responsible behaviour. They clarified that the overnight operation would be drive-through and delivery only, with no customers permitted inside the restaurant.

Regarding the business case for 24-hour operation, they indicated that while weekdays might be quiet, weekends could see higher demand, particularly between midnight and 2:00 AM. They estimated around 10-15 cars per hour during quieter overnight periods, potentially increasing slightly on Fridays and Saturdays. They also noted that delivery orders currently represent about 30% of their sales and are expected to grow, which could reduce drive-through traffic over time.

In response to concerns about public nuisance, the applicants stated that they have experience managing similar operations in other areas, including Leamington Drive-Thru, Abingdon, and Benson, some of which are located near residential areas. They emphasised their commitment to safety, management training, and controlling litter. They explained that the drive-through-only model prevents people from congregating outside the building, unlike an open-air service hatch. They also clarified that pedestrians would not be served at the drive-through for safety reasons.

The panel noted that issues such as traffic, parking, food smells, and light pollution are typically dealt with under separate planning and environmental legislation, not the Licensing Act 2003.

Decision:

Following deliberation, the Licensing Panel decided to grant the licence as per the operating schedule. They added a note that the council retains the power to review the licence should any issues arise in relation to its operation. The applicant was informed that they would be notified of the panel's decision in writing within 10 days.