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1910]
206
To the Chairman and Members of the
Public Health Committee.
Gentlemen,
Registration of Milkshops.
London County Council (General Powers) Act, 1908.
You will recollect that a little time since I expressed the opinion
that section 5 of this Act did not enable Sanitary Authorities to remove
from the register or to refuse to register shops for the sale of milk because
of the nature of the articles sold therein, and that the section only
applied to the sanitary condition of the premises.
In this connection you will also recollect that I informed you I had
consulted Mr. Bramall.
Since then we have had one or two conversations on the subject, and
he has now written to me a letter containing his considered opinion on
the question. It is as follows:—
East India Chambers,
23, Leadenhall Street, E.C.
6th March, 1911.
Dear Dr. Harris,
Registration of Milkshops.
London County Council (General Powers) Act, 1908.
I am sorry that I did not realise that you wished me to write to you,
after the very long conversation we had on this subject. The question
I understand is this:—By Section 5 of the County Council (General Powers)
Act, 1908, it is provided that notwithstanding anything contained in " The
Dairies, Cowsheds and Milkshops Order of 1885 " any Sanitary Authority
may remove from the register, or may refuse to enter upon such register,
the name of any person carrying on, or proposing to carry on, the trade
of a dairyman upon premises which are in the opinion of the Sanitary
Authority for any reason unsuitable for the sale of milk. The question
really turns upon the words " premises unsuitable for the sale of milk,"
and I understand it is this, whether the Sanitary Authority are only
entided to consider the condition of the premises themselves, structurally
or otherwise, or whether where the premises are otherwise suitable, they
can be considered unsuitable by reason of the storage in the same premises
of things likely to contaminate the milk.