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With regard to this matter I am of opinion that, as a condition precedent to the proposed
alteration of the by-law, provision should be made for the abolition of the fixed 'ashpit,' i.e., the
common brick receptacle, 'furnished with proper doors and coverings' (Public Health (London)
Act, 1891, sec. 37 (1).
Removal of Offensive Trade and Other Refuse.—This subject came under the notice of the
Council last year, a communication having been received (in February) from the County Council,
arising out of the Conference of Metropolitan Borough Councils, held at the County Hall in June,
and, by adjournment, in November, 1900, at which, among others, the subjoined resolutions were
adopted:—
"(a) That, in the opinion of the Conference, the sanitary authority should be empowered
to employ a sufficient number of scavengers, or contract with any scavengers, whether a
company or individuals, for collecting and removing trade refuse of an offensive or noxious
nature from any premises within their district, at a charge to be fixed by the local authority,
or, in the event of dispute, by a police magistrate.
"(b) That, in the opinion of the Conference, the sanitary authority should be empowered
to employ, if they think fit, a sufficient number of scavengers, or contract with any scavengers,
whether a company or individuals, for collecting and removing the manure and other refuse
matter from any stables and cow-houses within their district, at a charge to be fixed by the
local authority, or, in the event of dispute, by a police magistrate."
The County Council in the aforesaid communication, stated that, regarding the matter of
removal of manure "as not one of great urgency," they had "noted it for consideration in connexion
with any general amendment of the Public Health (London) Act, 1891," and meantime were
"considering the question of the collection of all offensive trade refuse by the sanitary authorities,"
and desired, "before proposing any amendment of the law in this direction to hear the views"
of those bodies thereon. Appended to the letter were draft clauses "proposed for the purpose of
enabling sanitary authorities to undertake the duty referred to," and the County Council desired to
be informed " whether such clauses would meet with the support" of the Council.
The suggested clauses were as follows:—
"It shall be the duty of every sanitary authority—
1. (a) To employ a sufficient number of scavengers, or to contract with any scavengers,
whether a company or individuals, for collecting and removing at proper periods, of which
sufficient notice shall be given, all trade refuse of an offensive or noxious nature, from any
premises within their district, and also for the due cleansing at proper periods of all receptacles
for storing such offensive or noxious refuse.
(b) Where such refuse is not removed from any premises in the district at the period so
fixed as aforesaid, and the owner or occupier serves on the sanitary authority a written notice
requiring removal of such refuse, to comply with such notice within 48 hours after that service,
exclusive of Sundays and public holidays.
2. If a sanitary authority fail, without reasonable cause, to comply with this section, they
shall be liable to a fine not exceeding twenty pounds.
3. Offensive or noxious trade refuse shall mean all trade refuse in such a condition as to
be, or to be liable to become, offensive or noxious
If any dispute or difference of opinion arises between the owner or occupier and the
sanitary authority, as to what is considered as offensive or noxious trade refuse, a petty sessional
court, on complaint made by either party, may by order determine whether the subject matter
of dispute is offensive or noxious trade refuse, and the decision of that court shall be final.
4. The owner or occupier of any premises from which such refuse is removed shall pay to
the sanitary authority a reasonable sum, either by way of annual payment, or in respect of each
such removal, and such sum in case of dispute shall be settled by the order of a petty sessional
court."
The County Council's communication was dealt with in my third report, 1903, from the point
of view that it was desirable that the sanitary authority should have power, and be required, to
remove offensive trade and other refuse, as recommended by the conference in 1900, and that the
suggested clauses were suitable for giving effect, by legislation, to the resolutions arrived at by the
conference.