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Helping Burger King successfully secure their first 24 hour licence in Edinburgh
Poppleston Allen has successfully helped Burger King secure a rare outwith policy Late Hours Catering Licence.
Poppleston Allen has applied for 18 Late Hours Catering Licences for Burger King across their estate in Scotland to get all-night drive-thru trading, including the Fort Kinnaird Site in Edinburgh.
Founded in 1954, Burger King is the second-largest fast food hamburger chain in the world. Every day, more than 11 million guests visit Burger King restaurants around the world.
The licensing legal problem:
Burger King sought to extend their operational hours at their drive-thru in Fort Kinnaird, Edinburgh, to 24 hours a day.
However, Edinburgh’s licensing policy typically does not support such applications. The application received two representations, one from Licensing Enforcement and the other from the Police, both citing the application being outwith (application where the hours are outside the policy of the Board in Scotland) core hours.
The legal value we added:
Paralegal, Angie Gardner, was instructed to prepare and submit the Late Hours Catering application on behalf of Burger King seeking to amend the premises’ operating times from 10:00 to 23:00 daily to allow the drive-thru to operate 24 hours a day, Monday to Sunday.
Extensive research of other fast-food operators and the general area around the premises provided a clear picture of the possibility of success with this application.
Niall Hassard represented Burger King at the Licensing Sub Committee hearing on March 31st 2025. Here, he provided detailed representations to address each of the concerns raised. The application emphasised how Burger King’s stringent operating procedures aligned with licensing objectives and minimised any potential impact on the surrounding area.
Results
Despite being contrary to standard licensing policy, the Sub Committee were persuaded and Burger King was given permission to run its Fort Kinnaird drive-through all night, seven days a week, with the indoor restaurant closing at 23:00.
Niall Hassard of Hassard Licensing Limited said: “Poppleston Allen have secured a rare, out of policy, late hours catering licence to allow Burger King’s Drive Thru to remain open 24hrs at Fort Kinnaird, Edinburgh.
The Edinburgh Licensing Sub Committee scrutinised the proposal at their hearing on 31 March. Despite representations from Police Scotland and Licensing Enforcement, the Sub Committee were persuaded that Burger King’s location, along with their detailed practices, policies and procedures, mitigated the potential of issues arising. The result underlines the fact that licence applications are considered on their own merits and exceptions to Policy, albeit rare, are possible.”
Media coverage can be read here.
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