Only three weeks ago Maitland City Council used popular East Maitland coffee outlet The Bearded Cactus to launch its publicity campaign for this year’s successful Aroma Festival.
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But on Tuesday, little more than a week after the festival, councillors will consider a report that could mean the end for the takeaway coffee stall.
The report has recommended compliance action be taken against the business, to “seek to have the facility stop operating” in the front yard of Peter and Leah Hodges’ home.
The Bearded Cactus opened in February using a policy loophole that allowed the mobile coffee cart to open on a daily basis on the New England Highway residential block.
The business did not need council approval to operate as long as it had minimal environmental impact.
But council staff have become concerned that the growth of the business at the site meant The Bearded Cactus could no longer be exempt from the state environmental planning policy as a mobile food and drink outlet.
Mr and Mrs Hodges said they believed the timing of the report’s release, after council used The Bearded Cactus to promote Aroma, was a coincidence.
“I don’t think the Aroma organisers had any inkling about what was going on,” Mr Hodges said.
“I don’t think they had any ulterior motives to use the venue just because it was popular and then have the issues come up now.
“It was just unfortunate timing.”
Recent complaints about the business have included noise, privacy impact on neighbours and traffic issues, according to the council report.
“The recommendation of this report therefore is to start compliance and regulatory procedures which would seek to have the facility stop operating on the subject land,” the report noted.
Mrs Hodges said they had attempted to address complaints from neighbours when problems arose, but she did not believe the traffic issues identified in the council report reflected reality.
“We’ve moved the van, we’ve built a fence, we’ve changed the hours of operation so we don’t open on Sundays, we open later on Saturdays, we’re now closing earlier on Mondays and Tuesdays,” she said.
“We want to work with council and our neighbours. We’re not here to cause a stir or be jerks to people.”
The mayor of Maitland, Cr Peter Blackmore, did not wish to comment on whether the decision to hold the Aroma launch at The Bearded Cactus was poor judgement or miscommunication, given council was preparing a report about possible compliance issues of the business at the time.
“It’s just grown out of all proportion,” he said.
“If there are complaints, and they are justified, we have to be seen to be acting on them.”
Mr and Mrs Hodges said they would continue their business – even if an unfavourable ruling from council meant that they had to move it.
“There has been too much heart and soul put into this place to just shut the shop,” Mrs Hodges said.
