THE owner of the Carriage Cafe in Fremantle’s Esplanade Reserve has labelled the actions of Fremantle council “unconscionable” after it demanded the carriage be demolished. 

The Cafe, which has been at the Esplanade since the 1970s, was purchased by David Furness in May 2017 and had been operating until he was forced to close in 2022 due to the “immense” financial strain caused by COVID-19. 

Mr Furness had planned to sell the Carriage Cafe and says he had a prospective buyer waiting, so began negotiations to secure a five plus five-year lease. 

By this point, the business was incurring rent to the City of a “significant amount” which the council agreed to put on hold. 

“We had verbal discussions about once the sale will be complete, we would offset what I owed to the council by what I would have received for the purchase for the sale,” Mr Furness said. 

However, in a meeting with the council later, Mr Furness said the “tone” of discussions turned “sour” after which he attempted to make sure the next owners would not run into the same issues. 

“I expressed my opinion to ensure that that person had the right agreement and wasn’t going to fall into any complexities down the line,” he said. 

Lease

The lease, Mr Furness says, included several clauses which he took umbridge with such as a restriction on trading times as well as a reference to a ‘tenant’ and ‘landlord’. 

“How can they be the landlord of the property that I own?” Mr Furness said. 

 “In layman’s terms, I own a building and you’re claiming to be the landlord of that building.

“It doesn’t work like that.”

Two weeks after the final meeting, Mr Furness says he received an email from the council instructing him to demolish the cafe. 

“It was, ‘Get stuffed, David, forget it, we want it gone’.”

The carriage is secured to the site with 26 groundings, which Mr Furness says classifies it as a “permanent” structure.

Roots of adjacent Moreton Bay Figs have also grown underneath the cafe, meaning removal “may potentially damage” the heritage-listed trees, he believes.  

“Even if it’s a removable structure, it’s been for in the area for significant period ‘for the enjoyment of the land’, which is pretty arguable,” Mr Furness said.

Mr Furness was told a financial meeting did occur within the council walls to rescind the lease, but alleges he was not made privy to it and was not able to access meeting minutes due to it being a “personal matter” of the council, which had engaged lawyers. 

“They have the right not to disclose personal matters,” he said. 

Surrender

“I asked them to please provide me with a copy of the council meeting minutes where the decision was altered along with the rationale behind it.

“I’ve been unable to locate the committee meeting minutes discussing this matter, and since then, I’ve received a number of letters from the lawyers demanding that I surrender the cafe to the council.”

The letters cited several reasons including the fact Mr Furness’ lease had expired and that he had unpaid amounts owing to the council. 

Mr Furness also says the council told him he had “no right to refer the dispute to arbitration” and that he “must make suitable arrangements with the council to collect any plant and equipment” in the Carriage Cafe by close of business on April 19. 

“’If you fail to do so the council the city will instruct us to commence action under the disposal of uncollected Goods Act 1970’,” Mr Furness read from a letter. 

Mr Furness says he wonders why the council would need the cafe equipment unless it was setting it up for another owner, and in any case, refused to give the cafe up. 

“If they want my keys, they should fairly compensate me for the losses I am now facing, that have prevented me from selling my property and business.”

Mr Furness says the debacle had taken its toll, and that Council had “moved the goalposts” several times during the negotiations to save the cafe which he says he has not abandoned. 

“I’m still wanting to resolve the matter,” he said, “and I’m not walking away from it.

“They’re just being completely unreasonable, unfair, and deceitful about how they’ve eluded me over a number of years.

by KATHERINE KRAAYVANGER