Cafe culture ... yours for free

If you think those cafe tables that clutter city streets are solely for the use of paying customers, think again.

Auckland woman Jan West feels that as the chairs are on the pavement, they should be available for use by anyone who wants to stop for a snack of their own making.

And it turns out she is right.

Auckland City Council environmental health and licensing manager Chris Dee says members of the public can use a cafe owner's seating without having to buy anything, as it is on public land.

But Dr Ken Palmer, professor in local government law at Auckland University, says that if a restaurant has a licence to occupy part of a pavement, then it becomes part of the premises, and the restauranteur should be able to decide who is welcome and who is not.

Professor Palmer feels it is thus a bit hypocritical for the council to say the public can use a cafe owner's seating without gaining permission or buying anything.

Scott Taylor, manager of Dida's wine and tapas bar in Jervois Rd, said he wouldn't necessarily move someone along who was taking advantage of the four tables and 26 chairs outside his business. "If they were impacting on the business, and there were diners waiting for tables, then I might ask them to move. If they were just there for a glass of water, or even a rest, I wouldn't, because they often end up buying something. But if they brought their own food, I'd ask them to leave."

The manager of Stark's Expresso Cafe and Champagne Bar by the Civic Theatre, Melisa Farac, said they often get passersby stopping for a while at their tables on Queen St.

"We ask them their intentions, and whether they would like to order something. If not, we move them on. Often people bring their own food, and we definitely move them on then."

If street furniture is obstructing pedestrians, they have the right to complain to the council and have the furniture placement reviewed. As part of the council's street trading policy, there must be space for pedestrians to pass by, as well as get to nearby shops and offices, rubbish bins and parked cars, crossings and buses.