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.

The veranda is believed to only allow 20 patrons and five tables.

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.