North End Road McDonald's Appeal Hearing Draws to a Close
Residents believe extending hours will contribute to anti-social behaviour
McDonald's on North End Road, Fulham already opens until midnight
February 5, 2026
A Fulham neighbourhood “cannot take the harm” if a local McDonald’s is allowed to have its opening hours extended into the early morning, it has been claimed.
Smash Operations, the franchisee running the restaurant on North End Road, is appealing Hammersmith and Fulham Council’s decision to refuse an application to vary its existing licence.
The appeal is being heard over several days at the City of London Magistrates’ Court this week, having started on Monday and due to run until Thursday morning (5 February).
Council Leader Stephen Cowan wrote in a witness statement supporting the local authority’s position that “extending the hours of this establishment would change the nature of the area causing further harm”.
Smash Operations is contending the refusal, with barrister Leo Charalambides accusing the council of bowing to “the perceptions, suppositions and fears of a vocal minority”.
Hammersmith and Fulham Council’s Licensing Sub-Committee rejected the application for the North End Road premises in a marathon 5.5-hour meeting last May.
McDonald’s had initially requested permission to vary its existing licence, which currently enables it to open the Fulham restaurant until midnight, to allow the restaurant to operate 24/7.
The fast-food chain however amended the application to close at 1am Sunday to Thursday and 3am Friday and Saturday following discussions with the Met Police.
More than 160 objections were filed against the proposal with three letters in support, with concerns raised about the impact the proposed licence extension would have on the local area.
One resident, Matt Lowen, claimed McDonald’s is a key contributor to worsening antisocial behaviour (ASB) in the area.
“It’s my belief that by extending the operational hours of McDonald’s it’s only going to widen the window of ASB to occur, whether it be these groups of youths or whether it be those drinking in alcohol-led premises, resulting in increased call-outs to the already stretched police force,” he told the sub-committee.
A McDonald’s spokesperson told the Local Democracy Reporting Service (LDRS) following the meeting that it ‘respected’ the council’s decision to refuse the application.
As revealed by the LDRS last summer it however opted to appeal and take the council to court.
In a skeleton argument filed with the court Mr Charalambides wrote the evidence behind the council’s decision was “plainly unsound, unreliable and wrong”.
The skeleton draws attention to the lack of objection from the police to the application, and claims “there will be no adverse impact from the later hours, that the licensing objectives can and are being promoted and that there are benefits to the proposed later operation”.
The council’s legal representative, Jeremy Phillips KC, in his skeleton argument noted the scale of the opposition to the application.
On concerns about the impact on disorder if it had been approved, he wrote: “The fact that such an application is made in a location previously identified as ‘Fulham’s crime hot spot’ similarly makes it wholly unsuitable for any extension at all, let alone one that would permit McDonald’s to remain open for four hours later than the several take-aways with no licence at all.”
At today’s hearing (February 4) Mr Charalambides questioned whether the council had adopted a ‘balanced approach’ in its refusal of the application.
During cross-examination of Adrian Overton, Licensing Team Manager at Hammersmith and Fulham Council, he asked: “Why, when you get someone willing to spend more money and devote resources to your local authority and work in partnership, are you not willing to engage and support best practice, and indeed practice that goes above and beyond?”
Mr Charalambides later put to Mr Overton: “You are merely ensuring that the council is seen to bow to the perceptions, suppositions and fears of a vocal minority.”
Mr Overton refuted the claims, saying while he does not always agree with residents in this instance he did.
He added that while the operator had agreed conditions with the police the push for the later hours, which go beyond the council’s policy, remained problematic.
In his witness statement Cllr Cowan wrote an extension of the hours would see “the current disturbing problems being allowed to continue late on into the early morning when residents, quite rightly, might expect to rest or sleep in the comfort of their own homes”.
Cllr Cowan added he is keen to assist good businesses in the borough looking to maximise employment.
“But there has to be a balance and businesses must also act as good citizens and good neighbours,” he continued.
“This establishment is evidently indifferent to its neighbours. This neighbourhood cannot take the harm an extended license for this fast food restaurant and delivery food manufacturing factory would bring.”
Cllr Cowan, nor any of the residents present, were cross-examined by Mr Charalambides.
Chelsea and Fulham Labour MP Ben Coleman, who attended online to confirm his witness statement, told the LDRS following the hearing: “I share residents’ concerns that a late-night license would fuel anti-social behaviour. McDonald’s must respect the community’s wishes, and I hope last year’s council decision will be upheld. Today I gave evidence against their 3am license application, standing with residents who successfully opposed this extension last year.”
Closing speeches are to be made by both legal representatives Thursday morning. A decision is expected to be delivered by the court on 13 February.
Ben Lynch - Local Democracy Reporter