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40
"This is an appeal from the decision of the Borough Council. I took
the opportunity of going to see this place in person at an unexpected
moment and I might as well tell you at once I am quite satisfied that
this man was properly selling ice-cream in a refrigerator which was
on the right-hand side of the door. It is a very small shop indeed.
I also found on the left-hand side of that particular refrigerator a
small basin of water; it was about 12.30 in the day; it had not been
used. I am satisfied it was there to be used. I then went further into
the back of the shop and on the left-hand side at the back I found
another refrigerator which was perfectly clean, and in it there were
further cartons. In these circumstances I think I have come to the
conclusion that this appeal should be allowed."
Subsequently, the Magistrate reversed his decision; not, however,
upon the grounds that the sanitary accommodation and washing facilities
were adequate, but upon the other very important circumstance that the
shop was a greengrocer's and so, without any carelessness on the part of
the vendor, portions of earth or other matter might cause contamination.
It must be pointed out that the "suitable washing basin" in this case
was an enamel bowl placed on an up-ended box and, as previously
mentioned, the only water supply available was from a tap over a gully
in a small yard, yet the requirement of a "sufficient supply of clean water,
both hot and cold" was, in the opinion of the Magistrate, satisfied by the
tap in the yard and the provision of an electric kettle, notwithstanding
the fact that although the kettle was visible from the sidewalk it had
never been seen in use during the considerable period that the premises
were kept under observation.
The Magistrate admitted that he had not even inspected the communal
lavatory accommodation and yard where the tap was placed. The
fact that accommodation was available was apparently all that mattered.
The lavatory accommodation, no doubt as the result of its communal
character, was always found to be in a dirty state on inspection.
The water had to be brought from the tap in the very small yard in
a jug or in the bowl and unless the vendor, after using the lavatory, had
washed his hands under the tap, he would have had to wash them in the
bowl which did not contain running water and so, after being used on
several occasions, might become, in itself, very dangerous.
Such conditions would make real cleanliness, so far as the prevention
of infection in the case of one of the vendors sickening for or becoming