Group launches appeal against magistrate’s ruling on coffee van

Four people involved in operating a coffee van at Kingston Beach are appealing against a magistrate’s decision that the van was operating illegally.

Four people involved in the operation of a coffee van at Kingston Beach are appealing against a magistrate’s decision that the van was operating illegally.

FOUR people involved in operating a coffee van at Kingston Beach are appealing against a magistrate’s decision that the van was operating illegally.

Last month, Magistrate Chris Webster found the Tamp and Grind coffee van, owned by Shelley Adriana Slaghuis and Ritchie Paine, contravened the Land Use Planning and Approvals Act.

COUNCIL TAKES ACTION AGAINST COFFEE CART OPERATORS

Ms Slaghuis and Mr Paine were each fined $1500, as was their company, RitchShelley.

The coffee van was operating outside the Kingston Beach Motel at 31 Osborne Esplanade from late January to early June last year, on land owned by Anthony Paul Gamble and Deborah Anne Watson.

Mr Gamble and Ms Watson were also fined, and all four were ordered to pay Kingborough Council’s court costs.

On Wednesday, the four lodged an appeal with the Supreme Court, arguing:
THE magistrate erred in law when he found the provisions of the Land Use Planning and Approvals Act applied to mobile coffee carts.
KINGBOROUGH Council had given full permission for the sale of coffee when it issued Tamp and Grind a food business registration.
THE council had also given permission for the sale of coffee when it approved a development application for a cafe at the Kingston Beach Motel at 31 Osborne Esplanade.
EVEN if the defendants were not properly authorised by law to operate the coffee cart, “they made an honest and reasonable mistake in believing they had been properly authorised”.

During the hearing in the Magistrates Court, Kingborough Council’s lawyer Fabiano Cangelosi said the coffee van required a planning permit as well as a food business registration, to operate at 31 Osborne Esplanade.

The Supreme Court will hear the appeal.