Council to rethink street dining law

Chris Rupe, at SPQR, is nervous Auckland City Council could end up threatening the viability of his business. Picture / Dean Purcell

Confusion reigns over Auckland City Council guidelines that, if enacted, could kill the nightlife on many of the city's most vibrant streets.

Restaurant Association chief executive Alistair Rowe approached the Weekend Herald yesterday, worried by a provision in the council's Alcohol Strategy recommending no street dining after 11pm and suggesting all establishments be closed by 1am.

The guidelines could pull the plug on Auckland's most popular suburban bars and eateries in well-known areas such as Ponsonby Rd, Jervois Rd, Grey Lynn, Newmarket, Mission Bay and Kingsland.

Mr Rowe said he and the owner of the Ponsonby restaurant SPQR, Chris Rupe, had each been told by a council official that the recommendations would be law by September 1 and nothing could stop it.

The proposal infuriated Mr Rupe, who told the Weekend Herald that if the regulations were to be enforced, "we might as well pack up and move to Australia".

Forcing establishments to close their street fronts at 11pm would say to the world, "If you want a vibrant city, don't come to Auckland", he said.

Mr Rupe has owned SPQR - a Ponsonby Rd landmark - for 11 years and believes early closing could force him to lay off some of his 50-odd staff.

The Weekend Herald contacted the council for comment on the rules.

In a prepared response, a council spokesperson said Auckland City had the power to grant licences to bars and restaurants to serve food and alcohol in outdoor seating areas.

The council statement said the licences were guided by the council's Street Trading Policy and the liquor licensing provisions. "The council also has an Alcohol Strategy that serves as a guiding document around alcohol-related activities in the city.

"The Alcohol Strategy states that restaurant and bar outdoor seating areas in residential and business zones should close by 11pm."

But that strategy would not be enforced, the statement said, as the council was reviewing its street trading bylaw. The review would "provide clarity", and a draft policy would be released for the public and "stakeholders" to have their say.

Mr Rowe contacted the Weekend Herald again saying he had received a call from the council saying there would be a "rethink".

The council's arts, community and recreation manager, Jill McPherson, said last night the Alcohol Strategy - approved by councillors - was not legally binding, but could be included in bylaws. She said any law change would be put out for public discussion.

"He [Mr Rowe] believed that with the Alcohol Strategy recommendations hanging around, it was difficult for suburban restaurant and bar owners to have much confidence in the future or to promote their establishments."