Give leeway for outdoor dining, say Ipoh eateries

The Star

15-05-2025

WALK along some of the busiest commercial areas in Ipoh and you will likely see diners seated on plastic chairs with foldable tables set up along the five-foot way.
While such seating arrangements may be welcomed by customers who enjoy dining in the open air, some question whether it should be allowed.
Syarifa says hygiene can be an issue when dining in open space Syarifa Shahul, who manages an Indian Muslim eatery along Jalan Tun Sambanthan, said restaurant operators should avoid occupying the five-foot way outside their premises.
Apart from adhering to the law, Syarifa said food operators should take into consideration the health and safety of customers.
'Personally, I don't agree with seating customers outside the eatery's premises.
'Hygiene can be an issue in open spaces, as birds or cats may just eat the leftover food,' she said when met.
She said it could also be risky, especially for families with children, as some eateries offered outdoor dining on the roadside.
'There will be vehicles passing by.
'Sometimes, there are also drains with no covers,' she added.
Syarifa said while the Ipoh City Council (MBI) allowed outdoor seating at night, she believed it would be safer to sit inside the restaurant.
'When possible, I believe customers should eat inside the premises,' she said in urging eateries to comply with the law.
Last month, a video clip of a confrontation between city council enforcement officers and
several people at an eatery in Taman Rasi Jaya, Menglembu, went viral.
Al fresco dining is favoured by many customers in Ipoh.
According to the police, early investigations found that a restaurant worker began acting aggressively towards an enforcement officer and the team who were attempting to seize the eatery's furniture from a five-foot way, following a notice from MBI's Health Department.
The worker had allegedly uttered vulgar words and tried to obstruct the officers from performing their duties, said Ipoh OCPD Asst Comm Abang Zainal Abidin Abang Ahmad.
One of the officers was also punched by the individual.
The matter has since been resolved amicably, Perak housing and local government committee chairman Sandrea Ng said.
Need to comply with rules
Mohd Hassan Mohd Kadar, a supervisor for a restaurant in Gunung Rapat, said eateries that wanted to occupy the five-foot way must obtain a permit from the city council.
'If you have a permit, then fine. If not, apply for one. Don't occupy it illegally,' he said.
Mohd Hassan acknowledged that most customers preferred to sit along the five-foot way because it would be cooler, compared to dining inside a restaurant which sometimes could get stuffy and hot.
'The city council has every right to issue summonses to eateries if they do not have permits,' he added.
Lee urges enforcement officers not to be too harsh when carrying out their duties. Coffeeshop owner Lee Wah Woh noted that some traders took it too far.
'Some even set up tents, tables and chairs in carparks.
'It is dangerous, especially when cars come too close to where customers are dining,' he said.
While agreeing that MBI should enforce the law, Lee said officers should not be too harsh and should allow some leeway.
'Maybe they should issue a warning letter before seizing tables and chairs,' he suggested.
He said larger eateries usually avoided using the five-foot way, and would instead rent adjacent lots for additional seating.
'It is okay if the operator is able to get a permit, but they should not set up tents anywhere they like,' he said.
Char kuey teow hawker Joe Tung called for consistent enforcement.
'If the city council wants to take action, it should do it across the board, not just at one shop or eatery.
'I was sad to hear about the recent scuffle between enforcement officers and a few people at an eatery in Menglembu.
'I hope that the rules apply equally to all restaurants,' he said.
Limited space for dining indoors is often cited by restaurants that put tables and chairs on the five-foot way.
Expanding seating
Another noodle seller, who wanted to be known only as Chan, said many small traders felt pressured to expand their seating, just to keep their business afloat.
'If small eateries don't expand, they won't have enough customers due to the limited seating.
'Most businesses don't want to turn away customers,' he said.
'Not many customers choose to take away their food. During peak hours, most people prefer to dine in.
'So to meet demand, most eateries occupy these spaces outside,' he added.
Taxi driver M. Kumar said outdoor seating was a practical solution to limited space indoor.
'Some shops are too cramped inside and customers prefer sitting outside,' he said.
Kumar, however, said the elderly and disabled might face difficulties accessing shops if tables and chairs blocked the five-foot way.
'People in wheelchairs cannot pass through either.
'Operators must consider the need to keep walking spaces unobstructed, especially when it rains,' he stressed.
Salesman Kong Ywai Yin opined that it should not be an issue for eateries to occupy the five-foot way but the business operators must get a permit from the local council.
'I think occupying the five-foot walkway should be okay, but not parking bays outside the premises,' he said.
Kong also said that seizing of tables and chairs by enforcement officers would be reasonable if the operators of premises did not have permits and had been given prior warning.
Face the consequences
Site supervisor Muhd Ikhwan Ahmad Sabki said that once an eatery received a warning, it was an acknowledgement that an offence had been committed.
'That is the time to find a solution, to avoid further action (from the authorities),' he said, adding that rules to occupy the five-foot way would have been clearly outlined by the local council.
'They should apply for a permit to use the walkway,' he said.
Muhd Ikhwan said eateries that failed to comply should be prepared to face the consequences and not blame enforcement officers for doing their job.
'If action is taken, just accept it. Don't be angry with the enforcement officers, they are just doing their job,' he said.
Teacher Noor Ainol Syazwan, said that while it was understandable that eateries needed extra space, it would only be right that they adhered to the law.
'Business owners should be responsible and act accordingly,' she said.
Win-win solutions
Ng urges business owners to engage proactively with the local authority. When contacted, Ng said that approval for the use of the five-foot way, side lane and adjacent open spaces was limited to licensed food premises.
'Usage is permitted from 7pm to 3am, subject to valid permit approval.
'Other types of businesses are not allowed to place tables and chairs in these areas,' she said.
'Five-foot ways are areas that are designated as public pedestrian walkways and must remain clear unless official approval has been granted.
'Under Section 46(1)(a) of the Local Government Act 1976, it is an offence to cause obstruction in public areas including five-foot ways, roads, footpaths or drains without written permission from the local authority.
'Violations may result in fines, seizure and removal of the obstructions as well as prosecution for repeat or serious offences,' she said.
Ng said enforcement action might be taken without prior notice in cases of clear non-compliance.
'Among the valid grounds for seizure of furniture,' she said, 'are the absence of a valid permit, breach of permit conditions, and placement of furniture beyond designated areas.
'Other grounds where action may be taken include obstruction of public access or creation of safety hazards and continued non-ompliance despite verbal or written warnings,' she said.
In response to complaints by some coffeeshop operators who cited space constraints as a reason for using the five-foot way, Ng encouraged them to apply for a permit to legalise the usage of these spaces.
'They should consider maximising their internal shop layout to increase seating and explore the use of shared common dining areas with neighbouring vendors if possible.
'They should also consider expanding into adjacent units or relocating to larger premises,' she suggested.
Ng also advised operators to consider takeaway, pre-order or delivery models to reduce their dependence on dine-in customers.
'Always apply for the relevant permits and understand their terms and conditions.
'Engage proactively with the local authority, especially when operating in space-constrained areas.
'Respecting public spaces and ensuring pedestrian accessibility not only supports compliance but also fosters positive community relations,' she added.