Despite operating exactly this way for some time, Mr Keogh was approached by Douglas Shire Council officers in July and informed that his streetside signage was too large by fifty per cent, and that his window to Macrossan street counted as touting. 

“The council enforcement officer came in and said my window was an infringement of Australian law - I used to be a builder so I start looking for structural problems but he told me ‘This is against the law in Australia to tout’,” Mr Keogh said. 

“He also said my signs were basically too large by fifty per cent - he said ‘this is a sleepy little fishing village, not the Gold Coast, we don’t want it looking like that’.

Mr Keogh was also told that since his signs featured the word ‘Hire’ he would have to change the classification of his business from domestic retail to a commercial retail operation under DSC rules at a cost of many thousands of dollars, and that he would also have to reduce the size of his signage and permanently close his shopfront window.

Payless Rentals and Tours also leases out parking space for its hire cars from a nearby business and Mr Keogh was told he would also have to pay to change that second business’s classification under the planning scheme. 

The office said Mr Keogh would face a fine of $183,000 unless he complies by October 8.

“We’ve got the Gestapo for a council,” Mr Keogh said.

“I’m going to have to close down.

“If I have to lose fifty per cent of my signage and close my window, I’m going to lose fifty per cent of my business and I’m not going to be able to make enough to pay the bills, am I?”

Payless Rentals and Tours has operated for the last six years with no complaint from Cairns Regional Council. 

“I’m doing nothing different,” he said. 

“The only thing that’s changed as been the council.”

It’s not just Mr Keogh affected by council’s sudden enthusiasm for enforcing the planning scheme.

Several other businesses in proximity to Payless Rentals and Tours were also approached by council officers and similarly informed that they were violating planning guidelines, but all declined to speak on the record. 

Mr Keogh said he has grave concerns for the future of small businesses in Port Douglas if council continues with its newfound attitude. 

“The town will go empty,” he said. 

“That kind of strain on people, especially in a town when you can only really operate for six months of the year, will make it impossible to stay in business. 

“Everyone will leave.”

Council said the planning scheme had been developed for the good of the whole community. 

"Council is taking compliance action in relation to a number of matters including in Macrossan Street in response to complaints and as a result of routine inspections - the assumption that these matters were overlooked by CRC is incorrect," council acting General Manager of Operations Donna Graham said in an email. 

"The Planning Scheme and Local Laws are designed to ensure the amenity, safety and viability of the community as a whole.  These regimes are developed through extensive community consultation and Council has an obligation to enforce them for the benefit of the community as a whole.  The actions of a small number of non-compliant individuals adversely impact on the viability of the majority for example rent a car companies parking their vehicles on Macrossan and Owen Streets for extended periods of time have generated a significant number of complaints as they obstruct access by the public to the post office, restaurants and other small businesses."

Deputy Mayor Abagail Noli also added that council was undertaking a review of the planning scheme with the intention of 'getting a balance between legislative requirements and community expectations."