Trouble brewing

Whitney Hemmersbach and Joe Zambranis, owners of Joe's Java. 195029

By Danielle Kutchel

Cranbourne is spoilt for choice when it comes to places to stop and smell the Arabica beans – but a new cafe on Monahans Road has got competitors boiling over.

Joe Zambranis was surprised to see cafe seating and flags pop up outside what appears to be a residential house on Monahans Road, opposite the shopping strip that is home to his own cafe, Joe’s Java.

Concerned, Mr Zambranis said he called the City of Casey to check the zoning on the property and ask whether it was appropriate for someone to set up “a cafe in a living room”.

Assured that the property was indeed residential, he decided to take his concerns to A Current Affair, which aired its own investigation last week.

But he says his views have been twisted to take the focus off the real issue at hand.

“The fight is not against their shop, the fight is against the principles and rules and regulations behind that, and how it goes against every rule and regulation I’ve ever heard of,” he said.

“I don’t have a problem with the shop opening there if it has the right permit and the correct zoning. But the problem I have is that this shop sets a precedent for every other house in Australia to turn into food outlets in the living room because they’ll say, ‘these guys have done it, why can’t I?’”

But the owners of Val’s Coffee and Desserts, which also has a hairdresser on site, insist they have the correct permits, are abiding by the appropriate regulations for food, health and safety and have been approved by the council and relevant health department.

“It’s in residential one, which is the standard for having a home-based business. We’re allowed to serve low-risk foods,” said Connie Carasel, daughter of the owner of the cafe.

“We had to go through the processes, we made all the payments, got all the permits. It took us quite a while to get the permits because there’s a process you have to follow before you open a business.”

Val’s Coffee and Desserts is a class three food premises, while Joe’s Java has a class two permit.

“We are not allowed to re-sell, we have to produce everything here. This is why we do the coffee, sandwiches and little cakes. Everything is manufactured here,” Val Carasel said.

The range of foods on offer includes cheese toasties and egg-free desserts, as well as coffees and iced drinks.

The residential part of the house is separate from the cafe area.

Mr Zambranis is considering his options, including potentially starting a petition to have Val’s Coffee and Desserts shut down.

“A cafe is a premises in a commercial zoning doing cafe-oriented activities, not a coffee machine and fridge in your living room. I’m not scared of the business, I just want them to do the right thing,” he said.

Caroline Bell, the City of Casey’s Manager Safer Communities, said that under Casey Planning Scheme – Clause 32.08 (General Residential Zone), a home-based business is classed as a Section 1 use which does not require a planning permit to operate.

“The premises at 66 Monahans Road has two current registrations, the hairdresser component is registered under the Public Health and Wellbeing Act 2008 and the food business is registered under the Food Act 1984.

“Joes Java holds a Class 2 Food permit as a registered food business,” she said.