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41
a carrier of an intestinal infectious disease is concerned, unreasonably
difficult from the public health point of view but not, apparently, from
the legal point of view.
If the Magistrate's remarks in this case are to be taken as a criterion
it would seem that, legally, visible dirt is all that matters and the fact
that a person's hands may be perfectly clean but, nevertheless, the means
of carrying major infection, is hardly worthy of consideration in a court
of law.
This legal interpretation was also pointed out in the case of a trader
who erected a small shed on waste ground in High Street, Stoke Newington,
and applied for registration to sell ice-cream. It was necessary for
him to apply for registration because the shed was fixed to the ground
and, therefore, came within the definition of premises or rooms. The
trader provided a wash-hand basin (draining into a bucket), soap and
towel and it was suggested by the Council's legal department that since
arrangements for access to a water supply had been made with a neighbouring
fish shop, it might be held in court that since running water
is not mentioned in the Food & Drugs Act the water supply was sufficient.
There still remained the question of the non-availability of hot water, but
here again the legal department was of opinion that if a primus stove
was provided it might be held in court that the Act had been complied
with.
Here, then is an instance in which it would have been possible to
observe cleanliness but, in the opinion of both the Public Health Department
and the Public Health Committee, such observances would be more
difficult than was reasonable for a person engaged in purveying such an
easily contaminated article of food as ice-cream. The Committee took
the view that to register these premises would reduce registration to a
farce. They therefore refused the registration and the trader did not
appeal against their decision.
The absurdity of the present position is emphasised by the fact that
the trader concerned is licensed as a street trader and sells ice-cream from
a trailer stall opposite Clissold Park and without any provision whatever
of washing facilities. There are no washing facilities available in the
nearest public convenience, which is situated in the park.
The general position with regard to the sale of ice cream becomes
still more ludicrous when one considers the fact that this commodity can
be purveyed from tricycles by persons who need make no attempt at
cleanliness, other than is visible, especially when one remembers that the
Aberystwyth epidemic of typhoid fever was caused by a manufacturer of
ice. cream who was a urinary carrier and so from the point of view of