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20
Dustbins.
Under Section 105 of the Public Health (London) Act, 1936,
if any house is found to be without a proper dustbin, the Council may
serve notice on the owner or occupier requiring provision to be made.
The same Section provides that any person aggrieved may appeal to
the London County Council.
Similar provisions are contained in the Public Health Act, 1936,
which applies to England and Wales outside the administrative County
of London. Under that Act, however, any appeal against a notice has
to be made to a court of summary jurisdiction. In the last two or
three years, a number of such appeals have been made, some of them
being subsequently taken to the Divisional Court. As a result, the
principle has been established that, in deciding whether notice should
be served on the owner or on the occupier, the local authority must
consider all the circumstances of the individual case.
It had previously been the practice of the Council, save in very
exceptional circumstances, to regard the provision of dustbin accommodation
as a matter for the owner, and accordingly to serve notice on
him. In view, however, of the situation created by the various appeals
referred to above, the Health Committee decided in 1949 that in future
the circumstances of each case (e.g., net rent of house, number of
tenants, existence of any tenancy agreement, financial circumstances of
the occupier, etc.) should be submitted to them for their decision as
to whether the notice is to be served on the owner or occupier.
It should be made clear that the right of appeal to the London
County Council still remains.
During the year, 30 such cases were considered by the Committee.
In 21 of them it was decided to serve the notice on the owner, and
in the remaining 9 on the occupier.
In one case an appeal was lodged by the owner, and was allowed
by the County Council, despite the fact that the notice had been served
about six months prior to the lodging of the appeal, and the fact
that the owner had been convicted and fined for failing to comply
with the notice.
In two cases, proceedings for failure to comply with notices were
taken. Both were successful, fines of £5 and 5s., respectively, being
imposed.
Common Lodging Houses.
There are no Common Lodging Houses or Seamen's Lodging
Houses in the Borough.
Public Lavatory Accommodation.
Five public conveniences for both sexes and one for females
only are provided by the Council in various parts of the Borough,
two being underground. In addition to the usual lavatory accommodation (at least one free water-closet being provided for each sex)
facilities for washing are also provided. Three public urinals are
also maintained.
In addition, the urinals attached to eight licensed premises are,
by arrangement with the owners, available to the general public.