View report page

28
proceedings were authorised. Although treatment for the infestations was immediately undertaken,
an inspection of the premises on the morning of the Court Hearing disclosed living and dead
cockroaches in open cans of food. After hearing the evidence the Magistrate suggested in view of
the conditions disclosed, that the premises should be closed until the inspector was satisfied they
were fit to be re-opened. The defendant's Solicitor, on his client's instructions, gave an informal
undertaking to this effect. At the adjourned Hearing fines totalling £100 were imposed, plus £65
costs awarded to the Council. The premises eventually re-opened with satisfactory conditions, and
have since changed ownership.
Whilst in the case mentioned above it was possible to deal with the closure of the premises
informally, under existing legislation, in a particularly bad case, it is possible only to obtain the
disqualification of the person responsible for running the business; and there is nothing to stop the
same premises being immediately re-opened under different management. Admittedly the processes
of the law could once again be invoked, but this could be obviated if legislation were provided to
disqualify the premises until they had been brought up to the standard required.
During the year a withdrawal of labour by the refuse collectors posed a problem within the
industry in relation to kitchen waste. In some cases private contractors were engaged to remove
the waste; in large concerns the firm's own transport was used. However, the main difficulty was
experienced with the smaller type of restaurant which hitherto had relied on a daily collection. A
daily watch was kept on the situation throughout the period of the emergency, and in all over 500
visits were made to all types of food businesses for this purpose; fortunately work was resumed
without any serious health hazard arising.
Licensing Act, 1964
The provisions of Part II of this Act enable a local authority to lodge an objection in respect of an
application to the Magistrates Court for a Club Registration Certificate where it is desired to provide
intoxicating liquor for members and their guests, on the grounds that the premises are not suitable
and convenient for the purpose in view of their character and condition, and of the size and nature
of the club.
Similar powers are available to a local authority under Part IV of the Act in respect of an application
to the Licensing Justices for a licence to sell intoxicating liquor in restaurants, private houses, guest
houses etc. The Justices may refuse to grant a licence if the premises are not structurally adapted and
bona fide used for the purpose of habitually providing customary main meals, or, after reasonable
steps have been taken, it was not possible to inspect the premises. Public health inspectors are
'authorised officers' for the purpose of the above-mentioned parts of the Act.
Facilities are provided at the Justices' meetings for views to be expressed on applications for
new licences and of alterations or extensions proposed to existing licensing areas. Whilst it is rare
for a licence, or approval to carry out work, to be refused absolutely, the application can be deferred
for weeks and sometimes months if the Court wishes to be satisfied that the requirements of this
Department are first met. Caterers are often more concerned about their licences than that formal
action will be taken by this Department. Whilst not intended to be punitive, a deferred licence may
prove more costly than a fine imposed for contraventions of the Food Hygiene Regulations, as the
fine may only amount to the equivalent of a few days' rent and rates.
Licensed Street Trading
The purpose of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations, 1966 is
to bring stalls more in line with the hygiene standards applicable to food shops and catering
establishments as laid down in the Food Hygiene (General) Regulations, 1960, and to prohibit the
placing of open food or refuse on the ground in the vicinity of the stall.
The action taken during the year has again been on an informal basis and considerable time has
been given in explaining the Regulations to existing and new traders. Meetings have been held with
the various street marketing associations on related matters. Two problems which continue to face
traders are the adaptation of an outmoded stall to meet the new requirements, and the securing
and/or maintaining of suitable premises as a store. A newly designed stall has now been constructed
which, if acceptable to traders, appears to meet all the hygiene requirements at a reasonable cost. In
this design the moulding is of durable fibre glass and is supplied complete and requires only simple
hand tools to attach to the traditional barrow. In the case of traders dealing in poultry, fish, hot dogs,
ice cream and coffee stalls, access to the wash unit can be from within the stall. The Company
concerned are also able to provide a completely new stall, if the trader so desires, on solid rubber
tyres and rubber suspension.