Deputy Premier Liza Harvey has criticised the City of Stirling for 'throwing the book' at popular Trigg cafe Yelo.
The beachfront cafe has been locked in a battle with the City over an alleged planning breach since November last year.
Complaints about customers parking in front of the cafe and nearby verges sparked an investigation from the council, and it was found a number of patrons stayed longer than 45 minutes at the 'takeaway' venue.
Planning officials opted to take business owner Michael Pond to court over the alleged breaches, with a potential $1 million fine on the line if Mr Pond is found guilty.
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Ms Harvey appeared on Gareth Parker's Morning Show on Wednesday to criticise the City's decision to commence legal action against the Cafe.
"The council have a very heavy-handed approach when they're dealing with small business, and to be honest with you I'm really sick of it," she said.
"I'm not saying that the owner of the cafe is without fault here, but he has been trying to work with the city to get some concessions for some of the license conditions to continue to operate the way he's been operating.
"What I'm seeing here is the might of the biggest local government in Western Australia... my ratepayer money is being used to prosecute a small business owner who just wants to sell coffee and sandwiches to a community who love him."
It is believed court costs may cost Mr Pond nearly $100,000, and the City has continued to press ahead with its attempts to prosecute the cafe.
"My message to the City is to withdraw the court action - we shouldn't be tying up the Magistrates Court with this sort of dispute - and sit down with the small business owner, and find a way to navigate through this process rather than throwing the book at him, which is what they've done," Ms Harvey said.