Kingborough Council takes court action against coffee cart operators

UPDATED: Four people have been fined for their involvement in the illegal operation of a coffee van.

A dispute between Kingborough Council and four people involved in the operation of a coffee van at Kingston Beach has gone to court. Picture: JEFF CAMDEN

FOUR people involved in operating a coffee van at Kingston Beach have been fined and ordered to pay court costs after a magistrate found the van was operating illegally.

Kingborough Council took the two owners of the Tamp and Grind coffee van to court for using land in a way that is contrary to a planning scheme.

Shelley Adriana Slaghuis and Ritchie Paine were both found guilty in the Hobart Magistrates Court on Wednesday.

Their company, Ritchshelley, was also found guilty of the charge, and Ms Slaghuis was also found guilty of failing to comply with an enforcement notice.

The court heard the van was operating outside the Kingston Beach Motel at 31 Osborne Esplanade, on land owned by Anthony Paul Gamble and Deborah Watson, from late January until early June this year.

Mr Gamble and Ms Watson, both of Kingston Beach, were found guilty of allowing the use of land in a way that is contrary to a planning scheme, and to failing to comply with an enforcement notice.

Kingborough Council’s lawyer Fabiano Cangelosi said the coffee van, which was a registered food business, also required a planning permit to operate at the site.

Ms Slaghuis said the council gave her advice about what she needed to do to operate the coffee van but there was no mention of having to get planning approval.

“I followed all their instructions,” Ms Slaghuis said.

She said when she received an enforcement notice from the council, she responded outlining why she should be able to continue to operate her coffee van but the council did not respond so she thought it had accepted her reasons.

Lawyer representing the defendants, John Munro, said Mr Gamble had a development application approved for him to operate a coffee shop at the motel.

The court heard the permit was issued in 2003 as part of redevelopment plans at the motel which are now underway.

Under cross-examination, Mr Gamble said the coffee shop he had approval for was to be a cafe inside a building, not a mobile van.

Magistrate Chris Webster fined each defendant $1500 and ordered them to pay the council’s court costs.