Selangor allows eateries to set up tables, chairs on the road with local authorities giving approval on case-by-case basis
OUTDOOR dining along pavements and roadsides remain popular in the Klang Valley despite the possible risks to diners and the inconvenience caused to other road users.
Residents said the local authorities need to keep a close eye on these eateries to ensure tables and chairs placed outside did not hinder traffic and take away much needed parking spots in the vicinity.
A resident who wanted to be known only as Kaur said one restaurant in Sea Park, Petaling Jaya had been placing stools to reserve public parking bays as early as 5.30pm.
She said besides the danger posed to diners, the operator’s actions were also inconveniencing those who needed to use the ATMs at two banks nearby.
“What further concerns me is the operator placing the furniture just inches away from a busy two-way main road.
“If a driver were to suddenly swerve, the people sitting there might be hit,” she said.
Kaur’s fears are not entirely unfounded; there have been news reports of accidents that have maimed and killed those sitting at outdoor dining areas in the past. (see graphic)
Following mishaps involving al fresco dining areas, there were calls for the authorities to put a halt to this practice but it has continued, though subject to stricter regulations.
Regulations in place
In Selangor, there is a policy which allows the placement of tables and chairs outside eateries, with conditions.
According to a 2008 circular issued by the state government, it was implemented following the realisation that most operators, especially those who do business at night, continued to set up outdoor dining areas in front of their premises despite fines and furniture seizures.
In the circular, it was stated the reason why eatery operators did so was because their customers preferred to sit in the open air instead of inside, which was often hot and cramped.
An outdoor dining area also compensated for the lack of space indoors.
Though such permits were initially withdrawn following cases of fatal accidents involving customers, this was rescinded following the high number of requests from eateries.
In lieu of this, conditions for the issuing of temporary permits for the placing of tables for outdoor dining was imposed.
To obtain these permits, operators must abide by conditions stipulated in the circular and pay a fee of RM30 per table monthly.
Permits and conditions
An eatery given the green light to have an outdoor dining area by the respective local authority will have a sticker which will display the company’s name, number of tables and the validity period of the permit.
After 16 years, the terms imposed by the state are still in effect, though each local authority has their own criteria for approval of permits.
Petaling Jaya
Petaling Jaya City Council’s (MBPJ) Licensing, Business Development and Entrepreneurs Department director Sharinaz Samsudin said they had taken proactive steps to raise awareness of the need to apply for permits when carrying out outdoor dining.
“Those who claim that they are not aware are feigning ignorance.
“This is because in 2019, we carried out a door-to-door census of 110 premises that were required to submit applications for temporary permits for tables at outdoor dining areas. Only 14 responded,” said Sharinaz.
In terms of enforcement, MBPJ issued 1,097 compounds in 2022 and 1,777 in 2023. It received 123 applications during both years, of which 37 were rejected due to non-payment of permit fees as well as failure to submit copies of their public liability insurance policies.
“To make the permit application more attractive, we came up with two incentives in December last year.
“Those setting up 10 tables and above were offered a 30% discount on the monthly fee.
“We also reduced the amount of liability insurance coverage required from RM100,000 to RM50,000,” said Sharinaz.
Shah Alam
Shah Alam City Council (MBSA) deputy licensing director Mohd Rizal Johari said permits for the placing of tables and chairs at outdoor dining areas would be valid for at least six months.
Renewal of permits has to be done at least one month before the expiry date.
In 2022, MBSA approved 36 applications. In 2023, the number went up to 57.
Klang
Klang Royal City Council (MBDK) in a statement, said only restaurants operating from shoplots with valid and active business licences were eligible to apply.
“The business owner is required to have public liability insurance if they occupy parking bays and islands.
“However, this is not required for five-foot ways or pavements.”
MBDK records show from 2023 to August 2024, a total of 127 temporary permits for the placement of tables and chairs were approved.
An uptrend in permit applications was recorded in November last year following a slew of raids carried out by the council’s enforcement team under the Street, Drainage And Building Act 1974 in the last three months of 2023.
“Raids were carried out up to three times per week at hotspots like Bandar Bukit Tinggi 1 and Bandar Bukit Raja.
“Offenders were fined up to RM250 for obstruction caused by tables and stalls.
“We had cases where business owners were more than willing to pay for the permits but public complaints over the lack of parking spaces made it difficult for the council to consider these applications.”
MBDK considers each application on a case by case basis.
“For example, we may reduce an eatery’s outdoor dining hours by allowing it to operate from 8pm onwards instead of starting at 6pm.”
Operators who do not comply with the permit requirement but still place tables and chairs outside their premises will have their business licences cancelled, said the city council.
Stakeholders’ views
SS2 Selatan Residents Association chairman Ching Leng Chu said outdoor dining areas in the area had become better managed in the past five years.
“Before this, popular eateries would place their furniture beyond their shop fronts and even on parking bays across the road.
“The situation is not as haphazard now with monitoring by the local council,” he said.
However, the downside of allowing eateries to have outdoor dining areas is a possible increase in the pest population and rubbish due to improper disposal of food waste, said Ching.
Petaling Jaya Coffeeshop Association president Keu Kok Meng, which has 550 active members, said most had obtained permits to put tables and chairs on five-foot ways, while the association had helped a few of its members apply for permits.
“Permit approvals are on a case-by-case basis. Among the factors that will be looked into is the location.
“This includes whether the dining area is by a main road or a quiet street.
“Is the premises a corner or intermediate shoplot? Does the shop have a good hygiene record?” he elaborated.
Keu, who owns a restaurant in SS2, speaks from experience.
After years of lobbying for approval and with help from city councillors and department heads from MBPJ, he managed to obtain a yearly permit.
This is for 20 tables to be placed on the service road running parallel to SS2/64 beside his shop at a cost of RM7,200 per year.
The tables can only be put out after 8pm. The seating area must also be cordoned off by barriers.
“In addition, traffic cones, portable speed breakers and personnel wearing reflective vests must be present for the purpose of traffic direction during operation hours,” he said.
MBPJ also sent its personnel to study the traffic flow of the location for two months before approval was given.
The president of the 1,400-member strong Malaysian Indian Restaurant Owners Association, Suresh Govindsamy, said they were aware of the need to apply for al fresco dining permits.
“Outdoor dining has become a trend in the Klang Valley especially Sentul, Bangsar, Brickfields, Kepong, Damansara, Seri Kembangan and Klang.
“Many restaurants are in favour of this move as they can serve more customers and thus, increase revenue.
“Although there were some incidents, they were largely due to driver carelessness. Otherwise, outdoor dining is generally safe,” said Suresh.