A popular small business has been fighting to keep its doors open amid a bitter neighbourhood feud that’s left the owner more than $150,000 out of pocket.
Sam Kaye, who opened the popular Side Piece Deli in the affluent Perth suburb of Swanbourne last August, has been slapped with crippling legal fees just to defend his right to operate.
It follows months of intense clashes between the bustling eatery and a group of disgruntled locals who want the business shut down over concerns regarding increased traffic, footpaths, odours, and noise.
The saga has now escalated to the Supreme Court, after one resident launched formal legal action against the Town of Claremont council over its approval of the deli.
Mr Kaye was advised to join the dispute ahead of its first hearing on June 19 to provide the council with legal support and protect his livelihood.
The council told news.com.au it is standing its ground against the legal challenge.
“The Town of Claremont’s position is that the development approvals granted to the business trading as Side Piece Deli are valid and the Town will be maintaining this position in any legal matters,” a spokesperson said.
Speaking to news.com.au, Mr Kaye said the ordeal has taken a massive financial and emotional toll.
“It’s very emotional and exhausting, not just for myself, but also for my staff,” Mr Kaye said.
“As a result of the court battle, they’re feeling this impending threat of losing their jobs.
“We’re probably spending anywhere from $150,000 upwards on legal fees to protect our business, which, at the end of the day, we opened with all the approvals.
“So that money, we can no longer invest it back into our staff and training.”
He said the timing couldn’t be worse for a small business currently navigating the nationwide cost of living crisis.
“Fuel prices, labour prices, and stock prices have all gone up, and profitability of all small businesses has gone down,” he said.
“So that’s definitely added to the additional pressures of dealing with the neighbours, and it’s just so unfortunate that it’s gone down this way.”
Cafe’s fight for survival
The Supreme Court escalation follows a string of heated local incidents, including a dispute several months ago where police were called to de-escalate after a resident was allegedly yelling at customers through a megaphone.
News.com.au reached out to local police to confirm the incident, but didn’t receive a response.
In publicly available council minutes from earlier this year, one resident also raised an issue regarding “noxious odours” coming from the Shenton Road deli.
“How can residents have any confidence in the Town’s ability to solve this?” they asked the council.
In the same meeting, another resident called the council approvals for the site a “mess that has been inflicted upon Swanbourne residents”.
In an attempt to appease the locals, Mr Kaye recently installed a new exhaust system and sound monitoring devices to ensure the venue remains strictly under noise limits.
“Even now, we’re continuously putting a lot of measures into resolving any issues as quickly as possible,” he said.
He noted the upgrades have only amplified his financial burden, with tens of thousands of additional dollars being spent on the mitigation measures.
‘Bringing people together’
Despite the ongoing complaints regarding traffic and noise, Mr Kaye pointed out there has been some form of hospitality business operating in the same location since the 1920s, including a successful French patisserie prior to his establishment.
He argues the deli hasn’t added much disruption to the already busy street, which sees high foot traffic due to nearby schools and ongoing residential renovations.
The young entrepreneur — who operates three other highly successful venues in Perth’s west — said his primary goal is to provide an inviting space for the community to eat and connect.
“It’s a shame because bringing people together in these shared spaces is what makes these communities come to life,” Mr Kaye said.
“At the end of the day, 99 per cent of people love what we’re doing, it’s just this one per cent of people who are extremely vocal against the business.
“All we’re trying to do is create joyful spaces for the community come together and share a meal, and I think that’s the most important thing.”