Who can I complain to if the cafe next door wont clean up their own customers mess?

Answer 1

You say the neighboring restaurant isoccupying sidewalk area. If it is a public sidewalk, I'll bet that they had to get a permit from the town or city to occupy the 'public space.' If so, I'm certain that there are rules and regulations associated with this occupancy permit. If the sidewalk is not public but is privately owned (shoppiing mall or similar), the rules of the malls management will probably come into play. In either case I'm certain that, legally, the other restaurant cannot have the authority to sprawl all over everybody else's property. The fact that it's"the customers that are doing it" is not a defense. They are responsible for their customer's actions while they are on the premises. As for cleaning up their customer's mess - they are CLEARLY responsible for this, just the same as they would be if the customers created a mess while sitting inside their establishment. If none of this is helpful - my suggestion would be to erect some kind of a physical barrier (decorative railing or planter box) on your side of the line dividing the properties to prevent encroachment by their tables and customers. You have the option of calling the police (if the sidewalk is a public sidewalk) or the Health Department (regarding the garbage and mess). You can also contact the local Zoning Authority to see if they actually have the legal authority to expand their operation in this manner, and if they are operating in confrmity with the local zoning laws, or not. All else failing - you MAY need to consult with your own attorney. I'm pretty sure that the other owner's warning about siccing their lawyer on you is an empty threat. See additional comment on discussion page.