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171
[1901
(b.) has an external glazed window of at least nine superficial
feet in area, of which at the least four and a half superficial
feet are made to open for ventilatiion.
(2.) If any person lets or occupies or continues to let or knowingly
suffers to be occupied any place contrary to this section he shall be liable
to a fine not exceeding, for the first offence, twenty shillings, and for any
subsequent offence five pounds.
101.—(1.) An underground bakehouse shall not be used as a bakehouse
unless it was so used at the passing of this Act.
Prohibition
of underground
bake
houses.
(2.) Subject to the foregoing provision, after the first day of January
one thousand nine hundred and four an underground bakehouse shall not
be used unless certified by the district council to be suitable for that
purpose.
(3.) For the purpose of this section an underground bakehouse shall
mean a bakehouse, any baking room of which is so situate that the surface
of the floor is more than three feet below the surface of the footway of
the adjoining street, or of the ground adjoining or nearest to the room.
The expression " baking room " means any room used for baking, or for
any process incidental thereto.
(4.) An underground bakehouse shall not be certified as suitable
unless the district council is satisfied that it is suitable as regards construction,
light, ventilation, and in all other respects.
(5.) This section shall have effect as if it were included among the 54 and 55
provisions relating to bakehouses which are referred to in section twentysix
of the Public Health (London) Act, 1891.
Vict., c. 76.
(6.) If any place is used in contravention of this section, it shall be
deemed to be a workshop not kept in conformity with this Act.
(7.) In the event of the refusal of a certificate by the district council,
the occupier of the bakehouse may, within twenty-one days from the
refusal, by complaint apply to a court of summary jurisdiction, and if it
appears to the satisfaction of the court that the bakehouse is suitable for
use as regards construction, light, ventilation, and in all other respects,
the court shall thereupon grant a certificate of suitability of the bakehouse,
which shall have effect as if granted by the district council.
(8.) Where any place has been let as a bakehouse, and the certificate
required by this section cannot be obtained unless structural alterations
are made, and the occupier alleges that the whole or part of the expenses
of the alterations ought to be borne by the owner, he may by complaint
apply to a court of summary jurisdiction, and that court may make such
order concerning the expenses or their apportionment as appears to the
court to be just and equitable, under the circumstances of the case, regard
being had to the terms of any contract between the parties, or in the
alternative the court may, at the request of the occupier, determine the
lease.
102.—As respects every retail bakehouse, the provisions of this Part
of this Act shall be enforced by the district council of the district in
which the retail bakehouse is situate, and not by an inspector; and for
the purposes of this section the medical officer of health of the district
council shall have and may exercise all the powers of entry, inspection,
taking legal proceedings and otherwise of an inspector.
Enforcement
of law as to
retail bakehouses
by
sanitary
authorities.
In this section the expression " retail bakehouse ' means any bakehouse
or place, not being a factory, the bread, biscuits, or confectionery
baked in which are sold, not wholesale, but by retail, in some shop or place
occupied with the bakehouse.
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