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34
FACTORIES ACT, 1917 - BASEMENT BAKEHOUSES
Certain duties are imposed on Local Authorities
under Section 54 of the above Act with regard to closure or
Certificates of fitness for use of basement bakehouses, and
the Act provided that all basement bakehouses should be
examined between 1st July, 1938 and 30th June, 1939, and in
every fifth succeeding year.
During the twelve months ended 30th June, 1939, a
complete survey of the forty-seven basement bakehouses in
the Borough was carried out, and of these twelve were granted
Certificates of Suitability for five years; and thirty-five
were given notice that the Certificate of Suitability issued
under the Factories & Workshops Act, 1901, (repealed by the
Factories Act, 1937) should cease to have effect after the
expiration of six months from the date of notice, i.e. on
12th December, 1939.
Seventeen of the thirty-five basement bakehouses
had already fallen into disuse before the passing of the
1937 Act, the use of five was discontinued following
receipt of the notice, and one was closed upon erection of
the non-basement bakehouse.
The owners of the twelve remaining basement
bakehouses upon whom notice had been served that the
Certificate of Suitability should cease to have effect,
and whose bakehouses were still in use, lodged appeals as
provided for in the Act, the first appeal to be heard being
dismissed by the Magistrate at the Westminster Police
Court who upheld the Cornell's action in withdrawing the
Certificate of Suitability.
Two further appeals were allowed by the Magistrate
at the West London Police Court who directed that the
Certificate of Suitability issued under the 1901 Act should
continue to operate in respect of two basement bakehouses.
Against this decision the Council appealed to
the King's Bench division by whom the findings of the lower
Court were upheld and the Council's appeals dismissed.
The result of these proceedings and the fact that
war had been declared made it inopportune to proceed with
the outstanding appeals which were, therefore, adjourned
sine die, and no action regarding the closure of basement
bakehouses was desirable at the second quinquennial
survey in 1944.