Yes, I am pretty sure this is the case. It’s not hard to think that people that walk / cycle past a business will notice more things. They’ll be lured in by those elaborate window displays you spent all morning setting up. They will smell the baked goods wafting by. They’ve probably worked up an appetite from all the walking/biking as well. They’ve maybe even had time to be influenced by your signage promising bargains, discounts etc etc. Cars are just zooming by, no attention whatsoever paid to your business unless they’re A) already intending to go there or B) you have something outside so offensively eye catching and distracting that it probably should be outlawed?!
They need to put it explicitily into the terms and conditions :-D He should always have to enter with his own card but that’s somewhat on those that swiped for him, they shouldn’t have. Yes he’s taking the piss but if they don’t specify time limits or “fair use” in the terms and condidtions that’s on them.