KL eateries flout outdoor-dining rules, causing congestion and posing safety risks

KUALA LUMPUR – The bustling food scene of Malaysian capital Kuala Lumpur owes much of its charm to al fresco dining, but unauthorised dining in public spaces is costing Kuala Lumpur City Hall (DBKL) millions of ringgit in lost revenue.

What began as a wish to dine in the open air has turned into chaos, with thousands of stalls and restaurants spilling onto pavements, parking bays and roads – sidestepping permit fees that could have been reinvested for public infrastructure.

Despite the charm, these set-ups often operate without approval, contributing to congestion, posing safety risks and blurring the lines between public and private spaces.

With enforcement trailing far behind, illegal operations are flourishing, turning shared city spaces into private cash cows.

Rules and regulation

Under DBKL guidelines, restaurant and cafe operators must pay RM20 (S$6) to RM50 per table a month and provide a security deposit of up to RM10,000, depending on the number of tables.

But with widespread disregard for these rules, DBKL continues to lose millions in uncollected fees and deposits each year.

Only licensed businesses with approved permits can place tables and chairs in designated areas – and even then, there are clear restrictions on size, placement and operating hours.

You can spot an illegal set-up if a restaurant places tables on parking bays, obstructs walkways or roads while lacking the required DBKL permit sticker, or if a roadside stall sets up tables and chairs.

A DBKL spokesman for the enforcement department clarified that only licensed businesses operating as restaurants, cafes or coffee shops can apply for outdoor-seating permits.

“These are issued by DBKL’s licensing and business development department,” said the spokesman.

“But outdoor dining isn’t a free-for-all. Applications for table and chair permits go through Keja (Mesyuarat Jawatankuasa Kelulusan Permit Kerusi Meja), a special DBKL committee.”

The Permit Meletak Kerusi Meja sticker, priced at RM1, is issued to eateries that have been approved by Keja to place tables and chairs in public spaces.

“Keja representatives from various DBKL departments review each request before approval,” said the spokesman.

Representatives from Companies Commission of Malaysia and Kuala Lumpur Fire and Rescue Department are also involved. The fire department enforces the 6m rule, which ensures fire engines have enough road clearance in case of emergencies.

Kuala Lumpur Fire and Rescue director Hassan ‘As’ari Omar stressed the importance of keeping public spaces clear.

“Tables and chairs can create obstacles, but in some cases, we allow them as long as they can be quickly removed,” he told Star Metro.

“The issue is when businesses permanently fix tables to the ground, violating the 6m rule and obstructing emergency response efforts.”

Permit approvals also depend on space availability and neighbouring businesses, he said. For example, a business on a corner lot may apply to use the adjacent space, provided its neighbour agrees.

However, approvals remain at the committee’s discretion. Priority is given to businesses at corner lots or dead-end spaces to minimise disruption.

Dining prohibited in carparks

Tables and chairs cannot be placed in carparks, said the DBKL spokesman.

“If you see a parking space taken up by tables, chairs or any obstruction, it is illegal,” said the spokesman.

“Businesses can use walkways in front of their premises only if they don’t obstruct public access. We have these rules to prevent misuse of public spaces and unnecessary inconvenience.”

Only DBK-approved structures are allowed, meaning businesses cannot modify or extend their set-up into public areas, such as by adding seating decks or planter boxes.

Outdoor dining comes with responsibilities – businesses must keep their spaces clean, remove tables and chairs after hours and avoid leaving them as eyesores, stacked or padlocked in corners.

DBKL has the authority to seize any furniture if businesses exceed their permit allocation or operate beyond permitted hours.

“Our enforcement officers conduct daily patrols to ensure compliance, and the mayor can introduce new conditions at any time based on the city’s needs or public complaints,” added the spokesman.

He said: “These patrols ensure that traders and vendors adhere to the regulations and conditions outlined in their business licence.”

On possible penalties, the spokesman said for first-time offenders, DBKL will issue a verbal warning if they are found obstructing public spaces with their business items.

“If they repeat the offence, we will take stricter action by issuing a violation notice under Section 46 of Street, Drainage and Building Act, which carries a RM500 fine per offence,” he said.

“For repeat offenders, DBKL will proceed with enforcement, including the confiscation and removal of obstructing items.”

According to the latest data, from January 2024 until now, DBKL has issued 3,094 violation notices.

The agency has also carried out 212 operations against businesses illegally placing tables, chairs, umbrellas and other items on pavements and public parking bays without a valid permit, said the spokesman.

“Through these enforcement efforts, we have confiscated 2,008 tables, 1,949 chairs and 1,538 other business-related items,” he added. THE STAR/ASIA NEWS NETWORK