If you are planning to open a small bar, restaurant, or any other licensed venue in Western Australia, you will need to know where you stand on one important detail: toilets.
In February 2025, the Licensing Authority’s policy: Standards of Licensed Premises was updated and there’s now more flexibility in providing toilet facilities to your customers but toilets are still a key part of getting your liquor licence approved.
Here’s your practical guide to the new rules.
The Policy Shift: Greater Flexibility
The Licensing Authority’s new policy has moved away from rigid, prescriptive requirements (like tiled walls and glass washers) to a modern, risk-based approach.
Crucially, the policy no longer prescribes exact toilet numbers. Instead, toilet facilities will be assessed on:
- Type of licence (small bar, restaurant, tavern, etc.)
- Number of patrons
- Nature of services provided
- Public interest and safety considerations
This means more opportunity for creative venues, especially in heritage buildings or smaller spaces to get a licence without being trapped by old rules.
Minimum Legal Requirements for Toilets
While the policy is more flexible, your venue must still meet national, state, and local laws, including:
- National Construction Code (NCC) 2022
- Health Act 1911
- Health (Public Buildings) Regulations 1992
- Disability Discrimination Act (DDA) (for accessibility)
Typical toilet requirements under the NCC include:
| Patron Type | Requirement |
| Males | 1 toilet + 1 urinal per 50 patrons |
| Females | 1 toilet per 25 patrons |
| Hand Basins | 1 per 100 patrons minimum |
| Staff Toilets | Always required |
And remember: If you provide toilets, at least one must be accessible.
Can I Rely on Public Toilets or Shared Facilities?
In most cases, no, however every application will be assessed on a case-by-case basis.
While some councils might allow tiny venues (less than 20 patrons) to rely on nearby public or shared toilets, such as cafes and restaurants, the Licensing Authority’s focus is on:
- Control of the facilities
- Patron safety and security
- Public expectations.
Letting patrons walk offsite to use a toilet raises red flags about safety, supervision, and hygiene and it would be necessary to show in any application where this was being proposed how the Applicant could meet these 3 key requirements.
Key Considerations for Applicants
- If your licence allows onsite consumption (like a bar, restaurant, or tavern), you must have at least one toilet onsite or close by. Your patron numbers will impact what toilet facilities are deemed adequate.
- Facilities must be safe, accessible, and under your control.
- Plan early – installing toilets later can cause major delays.
- Justify your setup if you are requesting any non-standard arrangement but expect scrutiny.
Final Word
The 2025 policy update gives businesses more breathing room however, toilets remain a non-negotiable part of running a safe, customer-friendly licensed venue.
The good news? The new case-by-case approach allows for greater flexibility, especially for smaller, boutique venues.
Need help with your application to make sure it has the best chance of success?
Get in touch with Fraser & Associates today – we’ll guide you through the process and help you get it right the first time.