View report page

25
Observations have been carried out throughout the year on vehicles used in the delivery of
food. Where necessary any contraventions have been brought to the attention of those responsible
by way of cautionary action.
Unlicensed Street Traders
The activities of these traders and particularly those who operate "hot dog" vehicles have again
involved officers of the Department in much additional work and overtime during the year.
Observations have been maintained by Inspectors at all hours of the working day, and often far
into the night and early morning. In several instances it was found that persons against whom
summonses were issued were not living at the address given, and no further action could be taken.
There were, however, some 20 successful prosecutions during the year against "hot dog" traders.
(See Results of Legal Proceedings, Table 29, page 78.)
One case which came before the Court resulted in costs being awarded against the Council.
Five summonses were issued against this defendant for contraventions of the Food Hygiene
(General) Regulations, 1960, viz:—
(a) For failing to display his name and address—he offered no defence.
(b) For failing to provide suitable and sufficient lighting—he said there was adequate street
lighting in relation to the single light on his stall.
(c) For failing to provide in connection with his catering business, adequate supply of either
hot and cold water, or hot water at a suitably controlled temperature—he said there was a
gas heater (ring burner under a biscuit tin) where he could heat water at any time. In cross
examination he stated that he had tepid water but admitted he had no hot water at the
time of inspection.
(d) For failing to take all such steps which were reasonably necessary to protect Hot Dogs he
was selling from risk of contamination, in that bread rolls were stacked unprotected from
dust and dirt thrown up by passing traffic—he said the rolls on display were to attract
custom, and were not for sale; in cross examination he agreed that the stall bore the words
"Hot Dogs".
(e) For failing to refrain from the use of tobacco while handling open food—he said that he
only served a bottle of "Coca Cola" while smoking, but he agreed that he opened the bottle.
The defendant was not legally represented. To the first summons he pleaded "Guilty", and a fine
of 40/- plus one guinea costs were imposed. To the remaining four summonses, he pleaded
"Not Guilty", and these the Magistrate dismissed with eight guineas costs against the City Council.
During the hearing the Magistrate made the following statement, which was widely reported
in the Press:—
"Your Council are trying to prevent food being sold in the street. There is a great deal to be
said for that, but it seems to me that these rules would apply to apples at any greengrocers.
If you want to stop street traders selling food, you must do it the straightforward way and get
an Act of Parliament."
The summer months brought forth the usual spate of ice cream salesmen operating in contravention
of parking and street trading legislation. Police apprehended several of the vehicles and arrested
the operators. Good liaison exists with the Police and the Health Department was notified in order
that the vehicles could be inspected. Several prosecutions resulted.
It should be said that in undertaking this form of enforcement work the Inspectors concerned
are required to deal with traders who are usually unco-operative and abusive. The majority show
little regard for even the elementary principles of food hygiene, and many are the casual type who
find this kind of work an easy way of making a few pounds. The public ought not to be exposed
to the health risks involved, and so that the Council can exercise a positive and effective control
over these traders it would be appreciated if the Minister would consider implementing the powers
contained in Section 21 of the Food and Drugs Act, 1955, for the licensing by the City Council
of all food stalls. This would place the onus on the trader to inform the Council of his proposals before
he commenced trading, and furthermore, ensure that the vehicles, etc. to be used meet statutory
requirements before trading commenced. If national legislation is not forthcoming an alternative
may be application to the Greater London Council for these particular powers to be included in a
future General Powers Bill for use by certain London authorities, particularly Westminster.
The number of persons who engage in unauthorised trading in foodstuffs in Westminster does
not decrease and their standards of hygiene are generally low, although in the case of certain traders