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46 Parish of St. George the Martyr, Southwark.
In conclusion, the Authority of St. George's will feel much obliged for a solution
of the issues raised in this communication, as well as for any advice as to the most
equitable manner of proceeding in the future, with a view to the protection of the
health of the public and of the workmen, by the permanent closure (if possible) of
existing unwholesome bakeries within this district.
In excuse for the length of this letter, I can only urge the importance of the
subject, and the difficulty of explaining the doubts at present existing in the minds
of the Authority, without going into some detail.
I have the honour to be,
Eight Honourable Sir,
Your obedient Servant,
F. J. WALDO, M.D.,
Medical Officer of Health to St. George the Martyr, Southwark.
The Rt. Hon. Herbert H. Asquith, Q.C,, M.P.,
Principal Secretary of State for Home Affairs,
Home Office, Whitehall, S.W.
Whitehall,
26th July, 1995.
Sir,
With reference to your letter on the 17th January last, calling attention to
the difficulty experienced by St. George's Vestry in dealing with certain underground
retail bakehouse, which are unfit for use or occupation as such, by reason of structural
defects, that it is found impossible to remedy, I am directed by the Secretary of State
to acquaint you that he has communicated with the Local Government Board on the
possibility of instituting proceedings, as suggested by you under Sections 2, 4 and 5 of
the Public Health (London) Act. 1891; and that the Board has expressed the opinion
that, a bakehouse as such cannot be considered to be a dwelling house, within the
meaning of Section 5, or a dwelling house, which includes a bakehouse, to be unfit for
human habitation within the meaning of the same Section by reason of the premises
being unfit for use as a bakehouse, and that, in consequence, closing orders under
the sections referred to could not be obtained in the cases mentioned. Proceedings
can be instituted under Section 2 (1) of that Act for overcrowding in the case of a
bakehouse which is not a Factory,' subject to the provisions of the Factory and
Workshops Act, 1878, and are to be taken against the person by whose act, default,
or sufferance, the nuisance arises or continues.
The Secretary of State agrees with the opinion expressed by the Local
Government Board, and is not aware of any means, except by proceedings under
Section 16 of the Factory and Workshop Act, 1883, by which the Local Authority
can prevent the use as bakehouses of rooms which cannot be made fit, from a sanitary
point of view for use as such. Proceedings under that Section, however, and under
Section 34 of the Factory and Workshops Act, 1883 (which Section will on the 1st
January 1896, become applicable by the Factory and Workshop Act of the last Session
of Parliament to all bakehouses), can be taken against the person who lets, as well
as the person who occupies.
The Secretary of State would call attention to the provisions in Section 27 (3) of
the Factory and Workshop Act of last Session, which comes into force on the 1st of
January next.
I am, Sir,
Your obedient Servant,
KENELM E. DIGBY.
F. J. Waldo, Esq., M.D.,
1, Plowden Buildings,
Temple, E.C.