Hints from the Health Department. Leaflet from the archive of the Society of Medical Officers of Health. Credit: Wellcome Collection, London
[Report of the Medical Officer of Health for Westminster, City of]
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There have been proposals in the past for registration with the local authority of all premises where
food is prepared and sold, to ensure that new premises are suitable at the outset, and in existing
premises that all requirements of the local authority are satisfied under the Food and Drugs Act, 1955.
At present if there are infringements of statutory provisions a magistrate may disqualify a caterer
from carrying on his business for a period not exceeding two years. Such disqualification however
relates only to the person conducting the business, not the business itself, and the caterer's wife, or
anybody else, may carry on the business under the same conditions which existed before disqualification.
There are many considerations a propos registration, but if legislation is ever introduced,
it must contain effective measures which will give the local authority some substantial control and
the penalities associated with the legislation should be realistic with an absolute minimum of exemption
clauses. Certainly the closure of a highly profitable restaurant would be more salutary than the
present maximum fine of £100 for respective offences under the Food Hygiene (General)
Regulations, 1960, which could in some instances mean little more than a slight drop in profits
commensurate with a fall off in trade due to a wet weekend.
Complaints which have been investigated by the inspectors during the year include the usual
quota of those concerning cooking smells and noise from extract systems. Whilst practical advice is
given by the department to overcome deficiencies in extract systems by the overhauling of motors,
fans, machinery and deodourising equipment, and fitting silencers, complaints relating to cooking
smells are not always so readily resolved. Where it appears feasible to obtain improvements affecting
the general amenity of a neighbourhood, the department is prepared to render assistance. Equally
the complainant must decide whether there is such interference to the quiet enjoyment of his premises
as to justify seeking legal protection of his own rights under common law.
The practice of open food display persists, perhaps intermittently, but particularly where the demand
for speedy service makes the use of protective facilities an impediment to the staff. There is sometimes
difficulty in persuading proprietors that customers can be a source of contamination. The Food
Hygiene (General) Regulations 1960 require that a person who engages in the handling of food shall
not so place the food as to involve the risk of contamination, and in appropriate cases prompting by
this department has resulted in the provision of suitable protection. The 1970 Regulations have to
some measure specifically underlined the danger as they require that open food, while exposed for
sale or during sale or delivery, shall be kept covered or effectively screened from possible sources of
contamination.
Licensing Act 1964
This department has continued to exercise the powers under Part II of this Act in respect of applications
for Club Registration Certificates made to the Magistrates Court where it is desired to provide
intoxicating liquor for members and their guests. No objections were raised to the applications
received.
Public health inspectors have attended all meetings of the Licensing Justices of both North and
South divisions during the year in connection with applications to sell intoxicating liquor in
restaurants, guest houses etc., under Part IV of the Act, which requires the premises to be structurally
adapted for catering purposes.
A number of representations were made to the Magistrates in respect of premises where the
occupier had been particularly dilatory in meeting his obligations. The courtesy of the Bench in
giving their time to the consideration of this department's observations in respect of certain applications
before them at their sessions has been much appreciated.
Licensed Street Trading
The anticipated progress in the adaptation of the present outmoded street trading stall by the
attachment of a fibre glass unit to meet the requirements of the Food Hygiene (Markets, Stalls &
Delivery Vehicles) Regulations 1966, has unfortunately not so far been achieved.
Until such time as the unit is available, and suitable financial arrangements have been made by
traders for its purchase, this department will continue to ensure that as far as practicable, with the
limited facilities and storage provisions which are at present available to some traders, the requirements
of the Regulations are met.