A POPULAR Augusta café has been forced to close because it does not have toilets for the disabled.
Twisted Fish Café owner Sue Roberts said she wanted to continue running her café on Blackwood Avenue for about 39 people.
However, after discussions with the Augusta-Margaret River Shire she learned building regulations required disabled toilets for an operation for more than 20patrons.
Ms Roberts said her landlord would be happy to provide the toilets if it was possible, but the building did not have any room for them.
She said the future of the café was too uncertain for her to commit to a two-year lease, as she did not believe a café for only 20 patrons was viable.
Last Thursday was her last day of operation.
She said shire staff told her it was a “grey area”.
“I continued on with the business not realising I had a problem still building,” she said.
“A couple weeks later a phone call from the Health Department advised me the facility situation was still alive.”
Shire senior building surveyor John Gosper wrote to property lessee Ross Forward, saying the original planning approval for a café was for 36 seats, and was conditional on the sanitary facilities being provided.
“The Building Code of Australia requires that any Class 6 premise that accommodates more than 20 people must have sanitary facilities for patrons (Table F2.3), which must be accessible for people with disabilities (F2.4 and Table F2.4),” he wrote.
“One unisex disabled accessible toilet and basin will be sufficient for up to 100 patrons.”
“This letter was actually the first time I realised we had a 20 seat/40 seat issue,” Ms Roberts said.
“My interpretation of this is somebody with a disability can put a complaint in about the access to the toilet under the Disability Discrimination Act (DDA).”
However, she was doubtful that the regulations still applied to her business.
Shire president Ray Colyer said he understood the disabled toilets were required as part of health regulations.
“It’s a terrible shame,” he said.
“Exactly what Augusta needed was a third café, another option.”
Kelly Donaldson of the Augusta Chamber of Commerce and Industry said the chamber was “disappointed and sad” that another local business had to close.
Ms Roberts said it was a sad day for her.
“As the building has no flat surrounding area, (the toilets) would need to be inside the café eating area,” she said.
“This would be very uncomfortable for the people using the facility, also I feel detrimental to the business due to the area the facility requires.
“(There is a) public disabled toilet facility is in metres of the café – not ideal but I’m sure common sense would step in with old buildings that were built before awareness and the need to work towards suitable services.”
She thanked the people of Augusta for their support.
Shire chief executive officer Gary Evershed said Ms Roberts’ plan to increase the number of patrons had unfortunately triggered the “not negotiable” requirements.
“Under the Building Code in Australia we’re required by law to enforce (them),” he said.
He said Mr Forward had applied for a building licence but he understood costs might have created problems.
“It’s very unfortunate because (the business) is what the shire is looking for,” he said.
“It’s caused a lot of frustration, but unfortunately our hands are tied.”
He suggested the costs might be defrayed over a long period to make the changes viable.
The building licence would allow the property to open up onto the street, which would make the toilets accessible to other businesses.
He said he understood the shire would go back to consult Mr Forward on the matter.
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