McDonalds Loses Appeal over North End Road Licence
Company's barrister had branded residents objecting as 'a vocal minority'
McDonald's on North End Road, Fulham already opens until midnight
February 16, 2026
Residents in the vicinity of North End Road are breathing a sigh of relief after McDonald’s has had its appeal contesting a decision to deny it later opening hours quashed in the magistrates’ court.
The franchisee running a branch of the fast-food chain on North End Road in Fulham appealed Hammersmith and Fulham Council’s decision to refuse the application at a meeting last year.
Smash Operations had its appeal heard at the City of London Magistrates’ Court over four days last week, at which its barrister accused the council of failing to adopt a balanced approach to the proposal and bowing to “the perceptions, suppositions and fears of a vocal minority”.
In a judgement delivered this morning (February 13) it was revealed the Bench considered the original decision to be “proportionate and necessary” and dismissed the appeal.
Cllr Lydia Paynter, a Labour member for the Lillie ward, described the outcome as “a massive victory for local residents and for local democracy”.
The council’s refusal of the McDonald’s application was reached following 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 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 after 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.
Following the Licensing Sub-Committee’s refusal a McDonald’s spokesperson told the LDRS they ‘respected’ the decision, though later opted to appeal and take the council to court.
At a hearing last Wednesday (February 4) Leo Charalambides, a barrister representing Smash Operations, questioned whether the council had adopted a “balanced approach” in its refusal of the application.
At one stage he put to Adrian Overton, Licensing Team Manager at Hammersmith and Fulham Council: “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.
In a witness statement supplied to the court Cllr Stephen Cowan, Leader of Hammersmith and Fulham Council, 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.
In their judgement the magistrates outlined in detail the background facts and evidence presented during the hearings and the law relevant to the case.
They wrote that witness statements provided by residents and local politicians, including Chelsea and Fulham MP Ben Coleman, were to be accepted as written due to them not being directly challenged in court.
It was also accepted that the restaurant is well-run and adopting innovative measures to mitigate some of the issues raised.
The Bench found there were ‘limitations’ to the value of the statement provided by Mohammed Basith, of the council’s Law Enforcement Team (LET), who acknowledged during cross-examination that some of his conclusions connecting McDonald’s with local anti-social behaviour (ASB) were wrong.
In the judgement, read out by Robert Hawkins JP, it was written the Bench “have balanced the need to protect local residents in the immediate area and the broader public against the rights of the appellant to run their business”.
The judgement concluded the original decision was “proportionate and necessary”, and dismissed the appeal.
A Hammersmith and Fulham Council spokesperson told the LDRS , “We are grateful that the court has upheld our decision and listened to local people in Fulham’s North End Road who didn’t want to live with the increased noise and anti-social behaviour from a McDonald’s open until 3am on weekends.”
Cllr Paynter said, “Today’s ruling is a massive victory for local residents and for local democracy. It demonstrates that the wishes of the local community and their elected councillor representatives cannot be ridden roughshod over by big business.
“Residents asked their Labour ward councillors to stand with them and oppose McDonalds’ bid for a 3am licence. We stood together and we won together. First at the licensing committee. Then, when McDonalds went back on their word, at appeal.
“This result sends a clear message that residents must be heard – and democratic decisions honoured. And Hammersmith and Fulham Labour will not shy from fighting big corporates or vested interests when they take on our residents.
“Families feared the prospect of sleepless nights because of anti-social behaviour, noise, and nuisance blighting the streets. And, while we value and support local businesses, we don’t believe 3am licences are appropriate in a residential village like North End Road.
“Finally, I would like to thank the hundreds of people who supported the campaign with emails, petitions and by turning up day-in day-out at court. We couldn’t have won the day without you.”
A McDonald’s spokesperson said, “We respect the court’s decision on our appeal for extended operating hours and remain committed to serving the community within our current operating hours, while remaining fully engaged with residents.”
Ben Lynch - Local Democracy Reporter