Belfast City Council is investigating an alleged breach of planning control outside Bob & Berts in Stranmillis.
It follows concerns about new decking that has been built outside the property, which faces onto a busy footpath.
Alliance MLA Paula Bradshaw says she raised the issue with Belfast City Council and the Department for Infrastructure.
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The council oversees pavement cafe licences while DfI is in charge of overall planning policy in Northern Ireland.
Ms Bradshaw told us: “I was contacted by a constituent who was very concerned about the structure that was being put in place.
“I contacted Belfast City Council and the Department for Infrastructure to get an understanding of what the business owner should have in terms of getting the authority to put this in place.
“Stranmillis is a really densely populated area - we just need to make sure the public highways are accessible to everyone.
“A lot of students live in that area and they are not car owners - they walk between universities and part time jobs so we need to make sure that space is open to everyone.
“We want business to flourish in that area but we also want to make sure they are doing it within the confines of the law and procedures that are in place,” she added.
“We are chasing it up and hopefully we will get a resolution soon.”
We asked Ms Bradshaw what businesses that wish to add street furniture outside their premises should do.
She said: “Pavement cafe licences are free - they don’t cost the businesses anything.
“Contact their council and apply for this licence... before they go to any expense or start to build, buy equipment or furniture.
“Then they’ll know what they are actually able to do.
“The council licence scheme is there to support businesses - we want businesses to flourish but we also need to make sure local residents, especially those with mobility issues, prams or wheelchair users can accommodate in those densely populated spaces.”
Stranmillis resident and urban planner Mark Robinson was the constituent who drew attention to the decking.
He told us: “I completely understand why they want to do that as a business and I don’t want the business not to do well.
“But it’s not a quiet footpath - there’s a lot of students on it, a lot of people walking to work - it’s a very busy footpath.
“If you have to pass someone in such a short space because footpaths aren’t that wide there - it really hampers your experience of the entire area and will eventually put you off being in that area.”
We asked Belfast City Council about the issue.
A spokesperson said: “Belfast City Council is investigating an alleged breach of planning control at this site.”
DfI told us: “The requirement for planning permission is a matter for Council to address.”
A response received on behalf of Bob & Berts said the company “won’t be able to comment on this” matter.
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