Northern Beaches mobile coffee van vendors say the sudden arrival of new council rules with stricter controls and limits on their operation would make their business unviable.
Weeks after having their Open Space Mobile Food Permits renewed at cost, Northern Beaches Council sent notifications to all 12 coffee van owners notifying of new rules – including broadly no overnight stays – and advising of stronger enforcement of existing rules that had been overlooked during and since COVID-19.
After community outcry and political advocacy, Council has allowed a ‘stay of execution’, delaying the new enforcement for three months to allow consultation with business owners and councillors.
Manly Observer spoke with two of the 12 business owners, Juan Mulatto of Mulatto Cofee in Queenscliff and Xavier Ambrosio of Patagonia NB in Long Reef.
They explained that previously, coffee van owners paid for an overnight car parking permit. However, one of the three new restrictions within the 25/26 Permit is mobile food vehicles cannot stay on site overnight, unless specifically approved by Council. A condition coffee van owners said wouldn’t be operationally viable (more details below). Another new condition is the Permit is for one car parking space at any one time – any additional items like generators or bins must be confined to the car parking space as well as the van.
Council is also enforcing other terms and conditions, such as not using council bins, water or even power connected to nearby homes (with consent).
A spokesperson explained they were balancing the different needs of community and use of public space.
“Council recognises mobile food vans as providing a convenient and appreciated local service to the community,” a Council spokesperson told Manly Observer.
“As the popularity of the mobile vendors has increased so has the impact on the surrounding area. The mobile vans are often located in areas of high parking demand, and some are close to residential homes.
“Council’s role is to support the provision of these businesses while managing any negative impacts on the wider community and to establish a fair permit system that balances the needs of all.”
Coffee vans took off on the Northern Beaches during COVID-19 when restrictions saw cafes close and government at all levels were in need of businesses to stimulate the economy. As the years have progressed, they have become a stronghold in the community, not only for serving coffee where there are no nearby cafes but for creating a sense of community.
While Council tries to balance the needs of coffee van owners, café owners and the community, councillors have stepped in to advocate on behalf of coffee van owners. This has resulted in Council staff scheduling a meeting with councillors in August and Council delaying the 25/26 Permit until 1 November 2025 (continuing the current 24/25 Permit with its conditions until that date).
“The clear feedback from the community is that they value the social connection these pop-up cafes offer, and that otherwise dead spaces are activated and energised,” Cr Kristyn Glanville told Manly Observer.
“While yes, it would be impractical for Council to offer 12 totally unique licences, I do feel like we should be able to offer a couple of options that meet the needs of different operator types. There are a few issues to work through, but it’s not rocket science.”
Cr Joeline Hackman agreed.
“I understand that there have been several small businesses that the new one-size-fits-all policy has prohibitively impacted and it’s important that we listen to the lived experience of people in our community trying to build their identity and businesses in serving the public,” she told us.
“Council is obligated to be considerate of ratepayers’ expectations about what we do with public space and to make sure businesses are operating within fair limits.”
Manly Observer checked with Councils in nearby LGAs and for most of them there isn’t a strong precedent for rules and restrictions around mobile food vans, while others are developing clearer guidelines on where and how mobile food vendors may operate in public open spaces.
Save Mulatto
Juan Mulatto never planned to open Mulatto Coffee in Queenscliff Lagoon Reserve, near Pittwater Road, which now serves around 200 people a day.
“I wanted to travel around Australia, maybe selling coffee as I went, and then COVID hit and with the restrictions, I came back to Northern Beaches to wait it out,” he told us.
“A few months later I opened up here with a very simple machine, a little crate with milk and a grinder. My plan was to do it for a couple months, but I’m still here five years later.”
When Mulatto first opened, he used a generator to power up his coffee machine, however, after being notified of a noise complaint from Council, his neighbour offered for him to plug in to his power – which he still does today but is now against the terms and conditions of his Permit.
Earlier this year, Mulatto received another noise complaint.
“We weren’t told whether the noise complaint was because of the coffee machine, dogs barking, but when the rangers came, they found nothing,” he said.
Since that meeting, Mulatto has been in contact with Council to discuss renewing his yearly permit.
“Council said they were going to change some of the rules and regulations, so I tried to set up a meeting to give my input, you know, how can I be helpful to Council, but they came on 9 July and told me what they’d decided,” he added.
The biggest issue with the new Permit for Mulatto is not being able to have (and pay for) an overnight parking permit. Mulatto told Manly Observer it would mean he has no flexibility in running his business. For example, in the current operation, if he is unwell, one of his staff can open and set up his van.
Another issue is power. The enforced terms and conditions may mean Mulatto cannot draw power from his neighbour like he has done for five years as the extension cord could be labelled a safety hazard.
Council also determined Mulatto Coffee should be moved to a smaller parking space within the same carpark, which is opposite the entrance, something Cr Vincent De Luca has been advocating against. Mulatto told us the new location would be a safety hazard for his customers with it being so close to the carpark entrance (he is currently located in a far corner).
“I have no problems with the rules and regulations, but I have a problem with the lack of input I can put into this situation,” Mulatto explained.
“I know Council are doing its job to keep everyone safe, but they also have to listen to them. Mulatto Coffee works. It’s worked for five years. It’s shown there is a need for it in the community, for people to come have a coffee, to relax, to strike up a conversation with a stranger.
“At the moment, there is a real need for a sense of community, and while rules are important, these types of places are important too. One rule can’t fit all.”
When we interviewed Mulatto, we met Adrian and Ian who are supporting the campaign to save his coffee van. While they are neighbours, they told Manly Observer they’d never met each other until they started getting coffee from Mulatto. It’s the type of community that comes from coffee vans that James Griffin, Member for Manly, is advocating for.
“Mulatto’s coffee cart has breathed some life into a previously overlooked and under-loved corner of the carpark at Queenscliff,” Mr Griffin said.
“Residents explained to me today that if there was anything good that came from COVID it was the neighbourly community built by visiting Mulatto and his coffee cart.
“Understandably, as more semi-permanent businesses and food carts similar to Mulatto open, Council want to have some guidelines and procedures. Fair enough. But these regulations shouldn’t stifle or even prevent a small business from operating, especially if it has the support of nearby residents and is adding value to the community.
“The proposal put to Mulatto will essentially close his business. Which is ridiculous.”
Save Patagonia NB
This is Xavier Ambrosio’s first year of operating Patagonia NB at Long Reef car park.
“Originally, I wanted to open a coffee van in Dee Why car park, but Council said it was too close to other coffee shops,” he told Manly Observer. Coffee vans have to be 200 metres from a brick-and-mortar café.
“They gave me a list of possible locations, and I chose Long Reef.”
Several months after opening, customers started asking Ambrosio for chairs.
“We are at the top of a hill, so some people are tired, and they are asking for somewhere to sit down, to enjoy their coffee, before they keep going and I saw it as an opportunity to give something back to my customers.
“But I knew it wasn’t allowed, so I proposed a plan to Council on how to set up tables and chairs, and they said they’d look into it but then never got back to me. So, I started giving some customers milk crates to sit on instead of having them sit on the curb.
“After that, a complaint was made to Council, and a ranger told us we couldn’t have the milk crates, so we took them away and raised a petition so Council could see how important it is for the community to have somewhere to sit and that we wanted to do it in a way that was safe.”
The petition received over 700 signatures. Council then asked for a site plan, which Ambrosio paid for and provided to Council. He said their reply was the new rules for the 25/26 Permit (which includes no seating and no tables).
Before starting his operation last year, Ambrosio said he had to have a site plan approved by Council. This included how he would generate power (through a generator), how he would manage the business’s waste and how he would access water.
“For the bins, we were approved to put two bins next to the council bins and have them removed twice a week, but after a complaint, Council told us to use their bins, and now they’re saying we can’t use their bins,” Ambrosio explained.
“A similar thing has happened with our access to water. As part of the site plan, Council approved for us to use a hose to access Council’s tap water (which is 150 metres down the hill) as we need water for coffee, but also to clean our equipment in accordance with food regulations.
“One day, rangers came as a safety complaint against us was made saying the hose was dangerous, but after we showed them how we operate it, they said it was fine.
“We’ve even offered for Council to charge us for our use of water. We’ve also offered to see how we can invest in putting a tap closer to our van for both us and our customers to use (as there is no water near the carpark), but Council said no to that too.”
Like Mulatto, the new condition to move the van every night is hugely problematic for Ambrosio’s operation.
“I would need to move the almost 100kg coffee machine down to the floor every night, move the heavy generator every night, it’s not feasible,” he added.
Ambrosio explained that three weeks’ notice was unrealistic for a small business owner to investigate whether he could comply with Council’s conditions and understand if they were workable for his business. He added Council wasn’t up for discussing the impacts the conditions would have on his business. Instead, he said, they set up a meeting originally scheduled for 24 July 2025 (which was later pushed back to 31 July 2025 – the last day of his 24/25 permit).
“We are just trying to give our customers, the community, a good hospitality experience, and I want to work with Council because I think they’d want the same,” Ambrosio said.
“But you know, they’ve never even come up here to see the business.”
Cr Glanville explained she recently visited Patagonia NB for a hot drink.
“As I am currently pregnant and have a young toddler, I did find it a challenge that they had no seats, and we ended up sitting on the curb of the road,” she told us.
“The other proposed licence changes feel like even more of a rug pull for Patagonia NB as they really go to whether the business can even feasibly continue.”
Ambrosio said that while he welcomed the three-month extension and an opportunity to discuss his business’s needs with Council, what these small business owners need is time, once a decision has been made, to understand whether it’s worth them continuing their trade under any new conditions.
Manly Observer has been made aware Council staff will hold a briefing with Councillors in August. We will monitor the situation and update the article as required.
