Visit the Galley fish restaurant in Topsham, Devon and while you’re there go to the loo, or the Lutopia, as it’s called, and watch the half dozen goldfish swimming happily around in the toilet cisterns.

The toilet cisterns also double as glass-walled fish tanks and every time the loo is flushed the water level goes down six inches – about two thirds of the total water volume. A valve system prevents the fish from being swept into the bowl below.

Some customers reported the fishy flushers to the RSPCA, but they claim they are unable to act because so far, over a six month monitoring period, no fish have died.

Co-owner of the restaurant, Paul Da Costa-Greaves, said, “As it is a fish restaurant by the water, I wanted to continue the nautical theme.”

“The tanks don’t cause any harm or distress to the fish and, on the whole, we’ve had a brilliant response from customers. One lady wasn’t happy and said the fish looked distressed. But I just said they’re a lot happier than that John Dory you’ve just eaten.

“It’s just a novelty, a comic gesture. People are just not expecting it and you see them coming back into the restaurant with a big smile on their face.” Steve Cheetham, RSPCA assistant chief veterinary officer, commented, “This is certainly no way to keep fish. There is absolutely no doubt that it distresses them. But it’s not illegal so we can’t ban it – all we can do is disapprove.”

The cisterns are made by the London-based RT Bubbles company. Rob Case, a spokesman for the company, said, “When people en-quire about the tanks, they ask about the cruelty side of it and that’s fair enough. But the tank is larger than a normal cistern so there is a lot of water in it and only a third of the contents drains out. The fish have enough water and there is a special valve which ensures the fish aren’t disturbed at all.”