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The Act also applies to the procedure for obtaining Justices' "On Licences" in respect of restaurants,
private hotels, guest houses, etc., where intoxicating liquor is sold, and provides that one of the grounds
for refusal of a licence should be that the premises are not suitable or convenient for the proposed
use having regard to their character and condition.
The Act provides for "Part IV" licences for restaurants and guest houses. There are three specialized
types of Justices' Licence, and these comprise:—
"Restaurant Licence" to cover the sale of liquor with meals;
"Residential Licence" to cover the sale of liquor to residents in residential establishments; and
"Combined Restaurant and Residential Licence" which covers residential establishments with
public restaurants.
No formal objection was raised to any application received during the year.
Prior consultation with applicants has made it possible for the Health Department's recommendations
to be included in formal drawings submitted by the applicants to the Justices.
Food Vending Vehicles and Stalls
It is probable that, within the Greater London area, the majority of unlawful street trading is
carried on in the City of Westminster. Trade is undertaken from an assortment of vehicles and
barrows, often by undesirable characters. Apart from the fact that trade is carried on in all kinds of
prohibited areas, the vehicles or barrows used for the sale of food frequently contravene the legal
requirements—in particular, the vehicle or stall and its equipment may be improperly maintained
and there is often a complete lack of hygiene on the part of the person carrying on the trade.
Many traders, who usually operate from motor vehicles, are transient; some give false names and/or
addresses when approached, thereby thwarting follow-up action. Owners of vehicles when traced,
have denied employing the salesman found on the vehicle, although admitting to ownership of the
van and equipment. Others claim that the salesmen are self-employed, having hired the vehicle, the
commodity sold being the responsibility of the salesman. In circumstances such as these, enforcement
difficulties arise for, in order to obtain a successful prosecution, the identity of the person carrying
on the "food business" must be established.
A particular problem is the "hot dog" trader. Here, the standard of hygiene is generally very poor,
and the stall used seldom meets the minimum requirements of the Food Hygiene (General) Regulations,
1960. The vendors attending these stalls usually work on a casual basis, operating the barrows on
hire or on behalf of owners—some trade for one night only, then move on.
The only satisfactory solution to the proper supervision of these unlicensed traders would be for
them to be banned from the streets until they comply with the Regulations in force, and the persons
concerned properly licensed and storage facilities approved.
The City Council has no power to compel the removal of these vehicles which trade illegally, and
a depleted public health inspectorate has prevented the adequate supervision of those concerned.
Nevertheless, during the year three "hot dog" traders were prosecuted for offences against the Food
Hygiene Regulations and the Courts imposed fines amounting to a total of £58 and £6 costs.
The unsatisfactory standard of cleanliness of some of those engaged in this form of street trading,
and the unhygienic appearance of the barrows and vehicles used, must indeed be apparent to all,
but it is a remarkable feature that these traders seldom lack for custom.
In Westminster there are some 260 licensed street traders, and a nominal 100 registered traders
engaged in the sale of foodstuffs.
Complaints—Food and Food Hygiene
In an area as large as the City of Westminster, containing as it does a great many premises where
food and drink are sold, complaints are inevitably received from members of the general public.
Not all of those received are substantiated by the production of the goods in question but nevertheless
they are all investigated.
It has been generally found that restaurateurs, shopkeepers, manufacturers and those who import
food from abroad, are seriously concerned when complaints in which they have some responsibility
are brought to their attention. Occasions arise, however, where a complainant has in all good faith
returned to the premises where the purchase was made in order to bring the incident to the notice
of the seller, and has been received with indifference or even hostility.
Complaints are frequently received in the Health Department of mould growth on perishable
articles, such as sausage rolls, meat pies, etc. Subsequent enquiries often point to the retailer having