Al fresco a no-go : Kāpiti cafe owner banned from using outside dining area
Leigh Healy fears her business might close after the loss of outside dining.
Concerns over "health and safety" have seen a cafe owner banned from offering outside dining.
After five years of serving al fresco diners, Leigh Healy has lost the prime spot of realty outside her business on the Kāpiti Coast, north of Wellington, after complaints from tenants above.
Now, al fresco diners at the High Tide Cafe are seated along the footpath in front of the building, instead of the area directly outside.
No-go-al-fresco: Healy's furniture has been banned from outside her cafe.
The battle with her neighbours could end her business, Healy said.
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"The cafe looks closed. We watch people walk past to the one along the road."
Healy has permission to use the footpath for her furniture.
The cafe is on the ground floor of the Ocean Apartments complex at Paraparaumu Beach and the common area outside the cafe is owned by the body corporate.
The residents believed the furniture posed a health and safety risk. They also banned her from putting any signage in the area, Healy said.
"They say the furniture is obstructive but it isn't anywhere near the entrance to the doors.
"We've struggled through Easter, ANZAC day and now Mother's Day looking closed the entire time. I can barely keep my head above water."
Body corporate chair Peter Hall said it would not respond, "to comments in relation to unauthorised use of property owned by the body corporate".
He said it was "for reasons of privacy, principally between the body corporate and the landlord who may negotiate a lease for use of body corporate property".
Ocean Apartments in Paraparaumu Beach.
Now banished, Healy's furniture is on the footpath and stretches the length of the building, with permission from the Kāpiti Coast District Council.
It highlighted the ridiculous battle, she said.
"There has been a cafe here for 20 years and they've always had outside dining. I know I have no legal right to use it but it's still unfair."
The arrangement also made serving alcohol difficult, because consuming alcohol was not allowed on the footpath.
During the dispute, furniture and signage had been "confiscated" by the building's body corporate.
There had been no complaints to the council or noise control during her lease, and the business was open from 9am till 3pm.
Healy's landlord Dave Johnson said the health and safety concerns were "absolute rubbish" and he feared for the cafe's future.
"I've had lawyers onto it and all sorts but at the end of the day they [body corporate] have the power."
He had offered to lease the area but had yet to hear back from the group, he said.
"Basically our hands are tied and I'm really angry about it."
- Stuff
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