The Licensing Sub-Committee was scheduled to consider an application to vary a premises licence for Wendy's at 563 Fulham Road, London, SW6 1ES. The application sought to extend operating hours for late-night refreshment and amend the premises plans, with the applicant proposing to remove the sale of alcohol.

Application to Vary Premises Licence for Wendy's

The primary item scheduled for discussion was an application by GH Burgers Ltd to vary the premises licence for Wendy's at 563 Fulham Road, London, SW6 1ES. The applicant sought to extend the hours for late-night refreshment, both indoors and outdoors, and amend the premises plans. A key aspect of the application was the removal of the sale of alcohol from the licence.

The original application proposed extending late-night refreshment hours to 05:00 daily and opening hours to 07:00 to 05:00 daily. Following discussions with the Police Licensing team, the applicant agreed to amend these hours. The proposed late-night refreshment hours were revised to 23:00 to 01:00 from Sunday to Thursday, and 23:00 to 03:00 on Fridays and Saturdays. The proposed opening hours were amended to 07:00 to 01:00 from Sunday to Thursday, and 07:00 to 03:00 on Fridays and Saturdays. Further correspondence with the Environmental Protection team led to an agreement to amend the opening hours to 08:00 to 01:00 from Sunday to Thursday, and 08:00 to 03:00 on Fridays and Saturdays.

The applicant also agreed to incorporate eight additional conditions to the licence if granted. These included the requirement for a minimum of one SIA licensed door supervisor on duty on Friday and Saturday nights between 00:30 and 03:00, the operation of a dispersal policy, the maintenance of an incident record, the closure of the basement floor to customers from 23:00 daily, the disabling of public Wi-Fi between midnight and 01:00 (Sunday to Thursday) and midnight to 03:00 (Friday and Saturday), and the playing of classical background music between midnight and 01:00 (Sunday to Thursday) and midnight to 03:00 (Friday and Saturday). A policy to ensure the welfare and safeguarding of vulnerable patrons was also proposed.

The report pack indicated that the applicant had not proposed additional steps to promote the four licensing objectives in their operating schedule beyond the current conditions.

Background and Consultation

The premises are located on Fulham Road, an area characterised by a mix of commercial and residential properties. The report noted the proximity to transport links, including Fulham Broadway tube station.

A public notice was displayed at the premises, and statutory consultees were notified. The Licensing Authority received twelve representations objecting to the application. These objections came from the Barclay Road Conservation Area Neighbourhood Watch, the Vanston Place Management Company, the Co-Chair of Walham Green Ward Panel, the Secretary of the Fulham Island Residents Association (FIRA), and eight individual local residents. Despite the applicant agreeing to reduced hours and additional conditions following discussions with the Police Licensing team and the Environmental Protection team, none of the objectors had withdrawn their representations at the time the report was prepared. The applicant had also provided a response to the objections.

Policy Considerations

The report detailed relevant sections of the Council's Statement of Licensing Policy (SLP), including themes related to supporting the licensed sector, making Hammersmith & Fulham a good place to live, work, and enjoy leisure, and ensuring a safe licensing environment and night-time economy. Specific policies were referenced concerning the promotion of the four licensing objectives (prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm), the requirement for local area risk assessments, the consideration of cumulative impact, alignment with planning policies, and measures to reduce public nuisance from delivery services. Policy 16 specifically addressed the safety of women and girls in licensed settings.

The SLP also outlined suggested closing times for late-night refreshment premises in different areas, with Town centres suggesting Friday-Saturday closing at 01:00 and Sunday closing at 00:00. The report noted that the proposed hours for Wendy's exceeded these suggested times.

Determination

The Committee was asked to consider the application and determine whether to grant it in full, grant it in part by modifying hours or conditions, or reject it, with the duty to promote the four licensing objectives. The determination would take into account the representations received, the applicant's operating schedule, the Council's SLP, and the Secretary of State's Guidance.