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57
The question as to the exemption of certain houses from
the operation of the by-laws led to considerable discussion with
the Local Government Board. As originally submitted to the
Board, the by-laws only applied to such of the houses let in
lodgings as were registered by the Council as lodging houses,
but the Board objected to this on the ground that, as they were
informed by the London County Council, it lent itself to lax
administration. Shortly after this the London County Council
forwarded to the Borough Council the opinion which they had
obtained from Mr. Cripps, K.C., to the effect that having regard
to the terms of Section 94 of the Public Health (London) Act,
1901, which enacts that every sanitary authority shall make and
enforce by-laws as to lodging houses there was no power to
make exemptions. The Council then submitted to the Local
Government Board a series of by-laws containing no exemption
clause, but were informed that the Board were not prepared to
assent to them unless an exemption clause were inserted. A clause
therefore exempting lodging houses from the operation of the
by-laws where the rent paid by each lodger for unfurnished
rooms was 12s. a week or upwards and for furnished rooms 15s.
a week and upwards was inserted and approved by the Board.
With the confirmation of the by-laws arrangements were
at once made for actively administering them, and one of the
Sanitary Inspectors was instructed to devote himself entirely to
that work. Early, however, in the present year it was held by
the Divisional Court in the case of Stiles v. Gelinski that a
by-law made by the Metropolitan Borough of Stepney under
Section 94 of the Public Health (London) Act in respect of the
annual cleansing of a lodging house was unreasonable, and
therefore invalid, because it did not provide for notice to be
given to the landlord, who was the person made responsible
under the by-law.
As the corresponding by-law made by the Borough Council
is in similar terms, both being based on the Model By-law of
the Local Government Board, the Council have drafted the
necessary amendment for submission to the Board, but meanwhile
the work in connection with the by-laws of necessity
remains in abeyance.