McDonald’s applied to extend its ‘drive-thru’ opening hours from 5am-11pm each day to 24 hours a day last February, but it was refused by Bracknell Forest Council’s licensing panel in March on the grounds of public noise and nuisance.

The American burger restaurant decided to challenge the decision with an appeal, but it was dismissed at Maidenhead Magistrates’ Court at a hearing last Thursday, with magistrates deciding that there would be problems with noise and litter if the branch extended its opening hours.

When the original application was submitted last year, there was an outcry among residents, who were concerned that there would be noisy deliveries through the night and excess litter dumped in residential roads.

Wildridings resident Dave Balkissoon gave evidence at the hearing, while the court was also shown photographs of litter strewn over grass and car parking areas.

The court heard Cllr Emma Barnard say that even though she uses the restaurant herself, she felt the existing hours were long enough. She said: “I am very pleased the magistrates recognised that Bracknell Forest had made a sensible decision in respect of this licence, and that they supported local residents.” However, Annabel Graham-Paul, defending, said trade at the restaurant was difficult to predict but felt there would be no surge in demand during the night. She added that the branch would do extra night-time litter picks if the extra hours were granted.

In a statement, McDonald’s said: “We are disappointed with the decision and we will take time to reflect on the outcome. Whatever our opening hours may be, our main priority is to be a good neighbour and our door remains open to any member of the community who would like to discuss our business.” McDonald’s will also have to pay the council’s costs of £8,000.

This is the first time a licensing decision in Bracknell Forest has gone to court since the council took responsibility for licensing in 2005.