Public Buildings

Public buildings

A “public building” is defined under the Health (Miscellaneous Provisions) Act 1911 as:

• a building or place or part of a building or place where persons may assemble for 
  • civic, theatrical, social, political or religious purposes
  • educational purposes
  • entertainment, recreational or sporting purposes
  • business purposes; and
• any building, structure, tent, gallery, enclosure, platform or other place or any part of a building, structure, tent, gallery, enclosure, platform or other place in or on which numbers of persons are usually or occasionally assembled.

Typical examples are pubs, nightclubs, small bars, theatres and cinemas, training centres and private schools. Public events are also classed as public buildings.

Environmental Health Officers are responsible for the approval and regular assessment of all public buildings under the Health (Public Buildings) Regulations 1992. They are issued a capacity certificate determined by the floors area, exits and toilet numbers. 

Some public buildings are subject to a building permit, and they are therefore assessed under the National Construction Code as well as the Health (Public Buildings) Regulations 1992.

Application process

If you are considering opening a premises that may be classed as a public building, you must ensure that the applicable Planning and Building requirements have been met prior to submitting the Public Building forms below.  Please feel free to contact one of our Environmental Health Officers to discuss your proposal and assist in the completion of the forms and process. 

Licensed premises

Should you have queries regarding a liquor or gaming licence in a public building, please contact the Department Local Government, Sporting and Cultural Industries - Racing, Gaming and Liquor. 

Smoking restrictions in outdoor eating areas

Smoking is prohibited in an outdoor eating area (for example restaurants, cafes, delis, lunch-bars and other food outlets) in Western Australia unless the area is designated as a smoking zone. Smoking is also not permitted within five metres of a public entrance to an enclosed public place, or within ten metres of air conditioning intakes.

Food and beverage businesses in the Shire of Harvey are required to comply with the provisions of the Tobacco Products Control Regulations  and reduce community exposure to second-hand smoke.