Cafes to challenge outdoor dining by-law

Restaurant and Catering SA will challenge an Adelaide City Council by-law that operators who use footpath space cannot make those areas exclusive to their customers.

CEO Sally Neville said more people were using such tables and chairs since mobile food vendors started operation around the city.

"I certainly wouldn't consider it acceptable to go and sit on someone else's furniture and eat my sandwich from a food van," she said.

"The space is a public footpath, but the tables and chairs are purchased and owned by the operator."

The City Council's outdoor dining policy states: "It must be understood that outdoor dining areas remain public spaces.

"This means operators and patrons do not have exclusive occupancy of the area, including the use of tables and chairs.

"While this can sometimes be a contentious issue, proprietors must not display signs that the furniture is to be available only to customers."

Ms Neville said she thought the by-law was outdated and in need of review.

A Waymouth Street cafe operator Marie said a business which leased an outside area should be able to decide who used it.

"I just thought if we bought the table and chairs, we paid the permit, that our customers had the right to sit here," she said.

The operator said she did not mind if people briefly sat down, but if the business was busy and tables were needed for customers, so she would encourage any other people to move on.

Source: ABC News, 24 May 2013