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the close or curtilage or precincts of which premises, any manual
labour is exercised by way of trade or for purposes of gain in or
incidental to the following purposes or any of them; that is
to say,—
(o) In or incidental to the making of any article or part of
an article; or
(4) In or incidental to the altering, repairing, ornamenting,
or finishing of any article ; or
(c) In or incidental to the adapting for sale of any article,
and to which or over which premises, room, or place,
the employer of the persons working therein has the
right of control or access
The practical distinction between a factory and a workshop is the
use of mechanical power, steam or other, in the former. Laundries
are, under Sec. 22 of the Act of 1895, to be deemed to be
workshops, if no mechanical power be employed, for the enforcement
of certain specified regulations, and places where work is
given out are workshops for the purposes of Sec. 6 of the same
Act. The fact that a portion of a work-place is in the open
air, does not remove that place from the category of a workshop,
if it be otherwise within the definition.*
Local authorities have the following powers under the Public
Health (London) Act, 1891:—
Sec. 2 (g), which is as follows:—
Any factory, workshop, or workplace, which is not a factory subject
to the provisions of the Factory and Workshop A.ct, 1878 (41
•"The provisions of this Act which relate—(1) To the cleanliness (in"eluding
liinewashing, painting, varnishing, and washing) or to the freedom
" from effluvia, or to the overcrowding, or ventilation of a factory or work-
"shop shall not apply—(a) where persons are employed at home, that is
"to say, to a private house, room, or place, which, though used as a dwelling,
"is by reason of the work carried on there a factory or workshop within the
"meaning of this Act, and in which neither steam, water, nor other me"chanical
power, is used, and in which the only persons employed are
"bers of the same family dwelling there; Nothing in this section shall
"exempt a bakehouse from the provisions of this Act with respect to cleanli"ness
(including limewashiug, painting, varnishing, and washing) or to free"dom
from effluvia."—Section 61, Factory and Workshop Act, 1878. The
exemption to domestic workshops conferred in this section is now non-existent,
as all workshops are dealt with under the Public Health (London) Act.