City of Newcastle's dominant Labor bloc has called on the council to help protect a popular Hamilton cafe after transport contractor Keolis Downer extended a bus stop into its outdoor dining area.
The councillors have lodged a notice of motion after the enlarged bus stop threatened to shut down Mockingbird cafe's 30 outdoor seats.
Regulations ban outdoor dining in a designated bus stop.
The council has promoted outdoor dining since the COVID-19 pandemic, scrapping fees and partnering with the NSW government on alfresco dining in Darby Street, Cooks Hill.
Labor councillor Carol Duncan said in a media statement that the state government had decision-making power over transport infrastructure, including bus stops.
She said it "beggars belief" the government's contracted private transport operator would "persist in attempting to curtail alfresco dining along one of the city's most popular eat streets, particularly given City of Newcastle and the NSW government's strong and consistent support for encouraging alfresco dining".
"Beaumont Street is synonymous with the city's incredibly diverse and renowned hospitality scene, so it's frustrating and shortsighted of the private transport operator to attempt to remove alfresco dining at Mockingbird," Cr Duncan said.
"While I acknowledge that a well connected and accessible transport network helps to support a flourishing hospitality sector, there are so many other locations in the area that could easily accommodate a bus stop without the disruption of this proposal.
"My notice of motion will see the City of Newcastle strongly advocate for commonsense to prevail and a swift and positive resolution for local businesses, their customers and the local jobs that they support."
Mockingbird owner Tess Borg said in the media statement that she welcomed the intervention and was hopeful of a positive resolution to ensure the cafe could continue to trade.
"By forcing our business to cease our popular alfresco dining, we have a real fear that we would have to close our cafe," Ms Borg said.
"We're confident that now with the support of our local council a more appropriate place for a bus stop can be found."
The notice of motion says Ms Borg and her husband, James, have been liaising with the council since Keolis Downer proposed extending the bus stop in 2021.
A Keolis Downer spokesperson said the company was working with City of Newcastle on finding a location for the bus stop "that supports our customers and the broader community".
A council spokesperson said Keolis Downer had proposed moving the bus stop after complaints from passengers that they could not climb on and off buses easily.
The spokesperson said the stop's location was also "causing Keolis Downer's buses to block traffic at the intersection of Tudor Street".
"We have asked Keolis Downer to look at alternative locations for its bus stop on Beaumont Street and are awaiting their review," the spokesperson said.