Outdoor dining furniture must be kerb-aligned, according to Adelaide City Council

Adelaide City Council has agreed to crack down on businesses with outdoor dining furniture causing a hazard for the visually impaired or people with a disability.

City hospitality businesses are put on notice to adhere to outdoor dining rules to allow safe access for people with a disability, or risk being fined or lose their dining space.

Adelaide City Council on Tuesday night agreed businesses should be reminded that outdoor furniture and signs must be kerb-aligned, as per its by-laws and disability legislation.

Councillor Phil Martin raised the issue and asked staff to notify businesses through council publications or contact them directly, after complaints about footpath obstructions.

“Photos taken throughout the city show many examples of furniture, A frames and other signs being placed in such a way they represent a hazard to visually impaired and people with other disabilities,” Cr Martin said during the meeting.

“I accept business owners are by and large people of goodwill, who would not knowingly put anybody at risk, so we’re left with what appears to be an absence of their understanding of their obligations are.”

The council’s outdoor dining policy says furniture on the footpath must be kerb-aligned as vision impaired people often used the building shoreline for guidance.

There were some exceptions, such as Peel St, where tables were allowed along the building shoreline because the laneway was so narrow.

The Peel Street laneway. Picture: SATC

Diners on Rundle St. Picture: David Mariuz

Cr Martin also successfully asked the administration to look at the possibility of fines and/or loss of outdoor dining spaces, if business did not comply.

Cr Carmel Noon believed fines should be an option for “serious offenders”, because “at the end of the day they’re breaking the law”.

Several councillors, including Cr Mary Couros, believed fines would be too “heavy handed” especially as the council had recently increased outdoor dining permit fees.

“We want this city to be vibrant and a city people come to wine and dine,” Cr Couros said.

“Businesses are doing their upmost best to do that and to make their businesses inclusive.

“Here we are going to serve them notices and come down heavy handed when we’re already charging outdoor dining fees and I’m getting complaints about how much people are paying.

“I think what we’re actually going to do is kill the joy in this capital city.”

Outdoor dining fees were reinstated last financial year, after being put on hold during Covid.

Diners on Rundle Street. Picture: David Mariuz

The council’s chief executive, Michael Sedgeman, told councillors there were already various mechanisms in which businesses could be fined.

“We as an administration always apply the three E’s of enforcement: education, encouragement then it’s expiation,” Mr Sedgeman said.

“We only go to expiation when we’ve exhausted possibilities around the previous two.”