The city council considered a proposal for an extension in hours taking ‘late night refreshment’ from 11pm until 5am at the KFC outlet in Battery Retail Park, Selly Oak.
Permission was also sought to provide ‘regulated entertainment’, particularly indoor recorded music, from noon until 3am.
But prior to a licensing meeting earlier this month, the council’s public health team “strongly recommended” refusal of the application and said they had “significant concerns”.
They argued that granting the extension in hours could “undermine efforts to improve health outcomes in Selly Oak”.
The KFC restaurant in Battery Retail Park in Selly Oak, Birmingham. Taken from Google Maps.
“The proposed extension poses disproportionate risks to public health and community wellbeing, particularly in a locality already facing challenges related to obesity, youth vulnerability, and anti-social behaviour,” they wrote.
But solicitor Ewen Macgregor, representing the applicant Demipower Limited, defended the proposals during the meeting, saying his client was the “largest KFC franchisee in the country” and an “experienced operator”.
The licensing sub-committee agreed to let the franchisee extend their hours and said the proposal was “precise, enforceable and would cover any risk adequately”.
“The company was well versed in running late night refreshment premises and all management arrangements including staff training were satisfactory,” it said in a decision notice.
“The sub-committee was confident the company would operate responsibly under the varied licence.”
Mr Macgregor said a “significant number of conditions” were already attached to the licence, which covered CCTV, staff training and litter collection.
“They [the applicant] are obliged to comply with the KFC brand standards – one of which is the commitment to being a good neighbour and also the KFC nutrition update,” he also said.
“They are also an experienced operator of late licensed premises. They have never had a licence reviewed, let alone revoked.”
“None of that happens by accident,” he continued. “Each site is supported by head office and they are committed to working collaboratively with the stakeholders in the local authority area.”
Addressing the comments by Public Health, he said: “My clients are of course respectful of the concerns but this is not the forum to address those concerns – you are constrained by the promotion of the licensing objectives.
“The concerns particularly articulated by public health do not address the issues in relation to those licensing objectives.
“Not unsympathetic to the concerns they have raised in relation to issues of obesity but as I said earlier, this is not the forum in which to address those – there are other areas in which those matters can be addressed.”
He also reminded those at the licensing meeting that alcohol was “not a feature” of the application.
The sub-committee later wrote: “The company was highly experienced as a national franchise holder for KFC and inspired confidence as a well-known late-night refreshment operator around the country.”