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In all new proposals prospective restaurateurs are reminded of the provisions of the Offices, Shops and
Railway Premises Act 1963 where a legal standard of working space of 400 cu. ft. per person is stipulated.
However, this standard does not apply to part-time workers (i.e. persons not working more than 21 hours
during each week) and all restaurateurs at some time or other assert that such people are employed in the
kitchen. It would be difficult to challenge this assertion.
Many of the new premises which have opened in Westminster in late years, and also established premises,
have taken advantage of modern equipment now available, and also have made use of extensive cold storage
facilities and incorporated adequate structural finishes. However, there still remain those premises which
open without adequate finance, but nonetheless engage in full catering from the start. The kitchen is often
equipped with a collection of old and worn cookers, sinks and other equipment some of which would seem
to have been discarded from domestic use, and not even designed for commercial premises. The adaptation
of these premises often amounts to only the essential repairs and to the acceptance of the minimum
standard of structural suitability. In such cases, inevitably, it is not long before conditions deteriorate and
contraventions of the Regulations occur.
A present weakness in food hygiene legislation is that a local authority is unable to prevent a person
opening an unsatisfactory catering business. There is no legal requirement to obtain prior approval of the
premises by the local authority. Only when a business is in operation can positive action be taken. The
sub-standard condition of some old properties used as catering establishments makes it virtually impossible
for the full requirements of the legislation to be met. Caterers often lack the financial resources for a long
lease on new property and in consequence there is a great demand for short term leases on older buildings.
These are likely to be included in development plans and the leases frequently include six month 'breaking
clauses'. In these circumstances there is a reluctance to lay out capital on works required to make the
premises comply with the Food Hygiene Regulations.
The Chronically Sick and Disabled Persons Act 1970 has now been in operation for a full year. In so far
as catering premises are concerned the application of the Act has been tentative. In all new proposals and
those involving major alterations, the caterer is reminded of the intent of the Act which is to facilitate
access to premises and sanitary accommodation for disabled persons. The view has been expressed that the
requirements of the Act appear to be unjustified by demand, and moreover involve the use of valuable floor
space for the provision of passenger lifts to each upper section of the premises where sanitary
accommodation is, or is intended to be situated. The application of the Act to hotels would seem to be
more appropriate and in a number of cases its provisions have been implemented. So far no complaint or
enquiry has been received in the department concerning the lack of facilities of catering premises in
Westminster.
Licensing Act 1964
Inspections were made during the year of all premises in respect of which applications for licences to sell
intoxicating drinks had been made to the Licensing Justices, or where alterations were proposed which
affected the food preparation areas or sanitary accommodation. Appropriate reports were made to the
Justices at the respective meetings. Where works requested by the Health Department were outstanding at
the time of the application, or the structural adaptation of the premises was not sufficiently advanced to
permit opening for business, the Justices in some cases withheld their consent to a licence, or granted the
licence provisionally until subsequent inspection showed that the works had been satisfactorily undertaken.
In one case during the year the Justices refused at three hearings to grant a renewal of a liquor licence in
view of the poor conditions maintained at the establishment. The premises were eventually sold and
re-licensed under different ownership after extensive improvements.
The support given by the Justices to the Health Department in matters concerning hygiene at catering
premises where liquor licences are under consideration has been much appreciated.
Inspections were also made throughout the year at those premises where application had been made to
the Magistrates' Court for a Club Registration Certificate, or for the renewal of an existing Certificate for a
further period. No objections were raised to the applications received.