London's Pulse: Medical Officer of Health reports 1848-1972

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City of Westminster 1925

[Report of the Medical Officer of Health for Westminster, City of]

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103
undertaken in 1924, were adjourned until a ruling had been given in the
High Court on cases in another district where the notices were of somewhat
similar charactcr. The Lord Chief Justice held that the notice*,
in each of the latter cases, was ambiguous and misleading, and referred
the cases back to the magistrate to convict.
The notices in the Westminster cases, however, were not precisely
similar, and in the opinion of the City Solicitors did not afford sufficient
grounds for appealing to the High Court in the event of the magistrate
dismissing the summons. Proceedings in these cases, which were dilutions
of 48, 41.5, 40.5, and 47.4 degrees U.P., were accordingly withdrawn.
As a result of the High Court proceedings the Trade issued a circular
to all its members advising them not to sell spirits below 35 degrees U.P.
and presented a form of notice which they recommended for adoption.
They advised their members that they (the Trade) would not hold themselves
responsible for undertaking the expenses of defence for members
who did not adopt this form of notice. Many, however, have not acted
on this advice and use a notice on which it might be advisable to have
a High Court ruling. This is to the effect that "All spirits sold in this
bar are diluted below 35 degrees U.P." By this the purchaser is made
aware that he is buying diluted spirits but he is prejudiced in so much
that he is not informed how weak the spirits are. He may be asked to
pay an excessive price for very weak spirits. The following table shows
the samples of spirits on which action was taken, and the nature of the
notice if any

Table V. Sale of Food and Drugs Acts. Spirit Samples, 1925.

No.Article.Result of Analysis.Notice or No Notice.Action taken and Result.
Degrees U.P.
70sWhiskey41.7N.Solicitors advised No Action.

Inspectprs verbally told that all Spirits were diluted below 35 degrees u.p. Notice in
Bar:—Notice to purchasers of Spirits—All Spirits sold in this compartment
are diluted below 35 degrees up
All spirits sold in this establishment are of the same superior quality as heretofore
hot to meet the requirements of the Sale of Food and Drugs Acts, they are now sold as
diluted spirits, no alcoholic strength being guaranteed.