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Annual Report of the Medical Officer of Health—1895. 45
Official proceedings have already been taken against the occupiers of eight out
of a total of 23 cellar bakeries in St. George's. Of this number only three remain
closed at the time of writing. Efficient ventilation and natural lighting of these
underground bakeries seems to be impracticable. These and other serious evils
arise chiefly from defects of a structural character.
In the absence of any uniform, official, or statutory standard by which the
Sanitary Authority may be guided, none of the above-mentioned bakehouses are
at the present time, in my judgment, in a fit condition for the preparation of bread
or pastry.
Case number 1 in the Table has been reported by me as still unfit for use or
occupancy as a bakehouse.*
Although the prosecution has been the means of remedying the grosser defects,
yet structural ones of a serious character still exist.
The Authority of St. George's, however, has not yet instituted further legal
proceedings, the tenant occupier having already done all in his power to structurally
improve the owner's bakehouse.
Since the Factory and Workshop Acts only admit of the Sanitary Authority
prosecuting the occupier, who is often without sufficient means (as in Case 1) to
remedy structural defects, the St. George's Authority would be grateful if the Home
Office would be so good as to enlighten them on the following specific points :—
Whether or no St. George's, as the Local Sanitary Authority, can take action
as regards unwholesome retail bakehouses structurally unfit for use as such.
1. By applying for Closing Order against the owner under Sect. 3, Sect. 4.—
(3), and Sect. 5.—(7) of the Public Health (Lond.) Act, 1891.
Query—Will the words under Sect. 2 "as far as practicable " preclude successful
action being taken in case of where efficient ventilation is impossible, owing to
structural faults that cannot be remedied ?
Again, under Sect. 5, the phrase occurs, " by reason of a nuisance a dwellinghouse
is unfit for human habitation."
Does the expression "dwelling-house," coupled with the term "unfit for human
habitation," include retail bakehouses, unfit on sanitary grounds, for use or
occupancy as such ?
2. Whether or no a Closing Order may be obtained under Sect. 5, in the case of
an underground bakehouse, where it cannot be sworn by the Medical Officer that
there is danger to health in any dwelling-room belonging to and forming part of the
same house wherein the said bakehouse is situated?
3. If, in addition to prosecution as above, under heading 1., against the owner,
whether or no action can at the same time be taken under the same Statute against the
occupier for abatement, and Prohibition Orders—re nuisance—under:—
(a) Sect. 2, 3, 4 and 5 or Sect. 26 (1) of the Public Health (London)
Act, 1891.
Or under another Statute, e.g.:—
(b) Sects. 34, 35, and 81 of the Factory and Workshop Act, 1878 ; or
(c) Sects. 15 and 16 Factory and Workshop Act, 1883.
*Two men and two youths continue to bake bread and pastry, by means of two ovens, in this cellar.