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'No drink surcharge' in kopitiam not an offence, says Penang city council

GEORGE TOWN: Imposing a surcharge on diners who do not order any drinks is not an offence, said the Penang Island City Council.

Mayor Datuk A. Rajendran said the council was aware of the matter, and that the practice was not widespread.

He said the surcharge was to prevent people from using the space for other reasons, such as as resting, direct selling or multi-level marketing meetings.

"According to the Food Establishment By-Laws 1992, the action is not an offence. It is more of an in-house rule by coffee shop owners to control the use of their space, more so those with limited seating.

"However, it is our hope that they reconsider the the surcharge," he told the New Straits Times today.

A kopitiam in Penang had gained online noteriety for a sign on its wall which read: "Each table will be charged RM2 if no single drink ordered."

A picture of the sign was posted on the Puchong News Group on Facebook, describing the act as "outrageous."

Rajendran said stalls at food complexes and hawker centres managed by the city council were not allowed to put up such sign.

Checks by the NST at several coffee shops here found that such surcharges of between 50 cent and RM1 were common.

A coffee shop owner in George Town said staff would first try to persuade their customers to order at least a drink.

She said if the customers refused, they could not do much.

"For sure we cannot chase our customers away so we persuade them. They will order the cheapest drink or even a glass of plain water. After some time, they will end up ordering other drinks.

"Also, we cannot impose time for our customers to sit at their tables.

"But during the morning peak hours, we will seek their cooperation to share their tables with customers who just walked in," she said.

Another coffee shop owner said they too would engage with their customers politely when there is a large crowd.

"If they refuse to move, we can't do anything too.

"Some customers are understanding when they see a crowd and leave automatically. Not all," he added.

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