BURGERS, fries and shakes could be on tap 24 hours a day if a York fast food restaurant wins the right to be open all hours.

McDonalds at Clifton Moor has lodged an application with City of York Council to be able to serve customers until 5am - it currently has a licence to open until 1am.

If granted, shift workers, late-night commuters and revellers will be able to tuck into their breakfast bacon butties in the small hours before going to bed.

The licence would make the outlet, which opens at 5am, one of the first to take on 24-hour opening.

The Subway food outlet, in Clifford Street, was the first to be allowed to stay open non-stop after signing up to the city's Pubwatch scheme, which aims to minimise late-night anti-social behaviour.

John Lacy, City of York Council's licensing manager, said the Legislation Act 2005 enabled the authority to impose tighter restrictions on take aways to help tackle issues of crime and disorder in the city.

Under the 2005 act, take aways can serve hot food and drink from 5am until 11pm, but must be licensed to operate outside those hours.

"Increasingly we are seeing take-aways extending their hours as the licensing laws really take effect.

"But McDonalds is one of the first to go towards 24-hour opening," said Mr Lacy.

"The legislation was brought in to capture take aways as, increasingly, people congregate outside them.

"We have been able to attach conditions such as litter picking, pavements should be clean, CCTV should be installed inside.

"On some occasions door staff must be employed. We have been able to tighten up on issues of crime and disorder."

He added: "Increasingly people work long shifts and there's a lot of movement in the city during the night. At 3am there are a lot of people leaving work. McDonalds have seen that there's a niche."

McDonalds's city centre restaurant on Blake Street attempted to extend its opening hours last year until 5am on Fridays and Saturdays, but withdrew the application following objections from residents and businesses.

Emma Johnson, spokeswoman for McDonalds, said the company was reviewing opening hours at its outlets.

"We are moving towards a 24-hour culture at selected sites where it is appropriate.

"Clifton Moor is a big retail and leisure park so we have put an application in to extend to 24 hours. Depending on the outcome of the licence we would phase that in. There's already a number of late-night premises like Tesco which is a 24-hour supermarket so there is a lot of traffic late into the evening."

Comments from people about the application must be with City of York Council by February 11.

If no representations are received it will be automatically passed.