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21
The same Section provided that any person aggrieved may appeal
to the London County Council, but under the London County
Council (General Powers) Act, 1951, which came into operation
on the 1st August, 1951, this appeal was transferred to a court
of summary jurisdiction.
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, right of appeal
had always been to a court of summary jurisdiction. In the last
few 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, however, be made clear that whatever the Committee may
decide, the person served with a notice still has his right of appeal
to the court.
During the year, 11 such cases were considered by the Committee.
In 8 of them it was decided to serve the notice on the
owner, and in the remaining 3 on the occupier. In no case was an
a ppeal lodged.
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 nine licensed premises are,
b y arrangement with the owners, available to the general public,
one additional such urinal having been made available during the
year 1951.
The Council at their meeting on the 31st January, 1951,
decided, on the recommendation of the Health Committee, to
Provide, in the interests of public health, free washing facilities
a t each of the public conveniences in the Borough.