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The Grade 4 sample, which had a high plate count, was obtained from a stationary van; the ice
cream was found to have been manufactured by a firm outside Westminster. The local Medical Officer
of Health was informed of this poor result, and he remarked that the particular manufacturer concerned
did not normally offend in this way and had by that time ceased manufacture for the season.
A number of premises in Westminster sell ice cream from dispensers which freeze and extrude soft
ice cream into a container held by an assistant for immediate sale to the customer. The final process
of manufacture is therefore performed at the premises where the machine is installed, and frequent
inspection is necessary to ensure that the mix is properly stored and handled before being introduced
into the machine. Of particular importance is the necessity for a high standard of personal hygiene
being practised by the operators who attend the machine and the need for those responsible to ensure
that all equipment used in the production of soft ice cream is washed, cleansed and sterilized at the
end of each day's use, and sterilized again immediately before use.
Sanitary Conveniences for Customers in Refreshment Houses
Since 1962, powers have been available to local authorities in London to require restaurants to
provide sanitary conveniences for their customers.
This requirement was first introduced by the Public Health Act, 1936 which states:—
"A local authority may by notice require the owner or occupier of any inn, public-house, beerhouse,
refreshment-house or place of public entertainment to provide and maintain in a suitable
position such number of sanitary conveniences for the use of persons frequenting the premises as
may be reasonable."
This provision did not, however, at that time apply to London and similar power was not available
until the London County Council (General Powers) Act, 1959 Section 25, which contained similar
provisions. Unfortunately, there had been difficulty in applying Section 89 of the 1936 Act to
restaurants, since it was held that the words "public-house" and "beer-house" made it necessary to
interpret the subsequent words "refreshment-house" as being similar premises holding a licence to sell
intoxicating liquor. A further complication occurred when Section 25 of the London County Council
(General Powers) Act, 1959 was enacted in respect of London, since the London County Council at
that time were issuing refreshment-house licences in respect of a limited number of premises where
food and drink were served and entertainment provided late at night. As a result of the difficulties
which arose, the Public Health Act, 1961, Section 80, defined a refreshment-house as "any building
in which food or drink is sold to, and consumed by, the public". A similar definition was applied to
London by the London County Council (General Powers) Act, 1962. At the time of the reorganization
of London Government in April, 1965 the London Government Act, 1963 applied the provisions of
the 1936 and 1961 Public Health Acts to London.
Thus, since 1962 in London and 1961 outside London, powers have been available under which
local authorities could require restaurants to provide sanitary conveniences for their customers.
Unfortunately, however, it has been held that the words "sanitary conveniences" do not include
washing facilities and the position is, therefore, still far from satisfactory. Nevertheless, every effort
is made to persuade restaurants to install both sanitary conveniences and facilities for washing for use
by the public. Certainly all restaurants provide them when opening new premises or undertaking
major works at existing premises; but where they refuse to install washing facilities for customers,
there is nothing which can be done to make them do so, and there is at least one recorded case in
which a Court allowed the appeal of a restaurant proprietor against the requirements of a local
authority on the grounds that it was unhygienic to require the installation of a sanitary convenience
without washing facilities.
It will, of course, necessarily take some time before the ideal situation of toilet facilities being available
to the public in all establishments where catering is carried on becomes a reality, but with some
necessary exemptions, the City Council is working toward that end.
Licensing Act, 1964
The Licensing Act, 1964 (which came into force on 1st January, 1966) consolidated and, in some
very minor ways, amended the licensing laws.
The Act relates to powers for regulating the conduct of clubs where intoxicating liquor is supplied
to members and their guests. Briefly, a club wishing to obtain a registration certificate must apply to
a Magistrate's Court. Statutory grounds are given on which objection to an application may be lodged
by a local authority and generally these relate to the unsuitability of the premises.
A club which by its constitution renders it unable to qualify for registration could alternatively
apply for a Justices' Licence.