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138
undertakings, for the daily removal of refuse created at their various establishments
in this Borough. It is to be borne in mind that in cases some time
since before the High Court the refuse created at Messrs. Lyons & Co.'s
restaurants was decided to be "house refuse," but notwithstanding these
decisions it has been the practice of Messrs. Lyons & Co. to pay for the
removal of their refuse at an agreed rate when they required it to be removed
more frequently than the " once-a-week " removal, which is the practice of this
Council as regards house refuse. .Recently, however, Messrs. Lyons & Co.
disputed this liability, and in a summons taken out by this Council before Mr.
Bros, at the Clerkenwell Police Court, the magistrate, notwithstanding the
County Council's by-law was cited as this Council's justification in the matter,
dismissed the summons with two guineas costs against the Council, and
expressed the opinion that the refuse in question should be removed daily.
This decision in connection with the various applications which, as before
mentioned, have been received from other quarters is likely to lead to a very
large increase in the cost of the removal of refuse in this Borough, and it is the
opinion of my Council that the Public Health (London) Act, 1891, should be
so amended as to include in its definition of trade refuse such refuse as that
produced by restaurants, hotels, laundries, and other similar trading
institutions in the carrying on of their business, notwithstanding that the
refuse produced at such establishments is similar in character to that produced
in private houses.
I am therefore directed to express the hope that the London County Council
will see their way by means of a General Powers Bill or otherwise, to obtain
such an amendment of the Public Health (London) Act, 1891, as may be
necessary to secure the object in view.
I am, &c.,
(Signed) Wm. F. Dewey,
Town Clerk.
The Clerk of the
London County Council.
The Engineer and Surveyor was requestod by your Highways, &c., Committee
to submit a report on the subject, and has done so as follows: —
11th March. 1910.
To the Chairman and Members of the
Highways, Sewers, and Public Works Committee.
Gentlemen,
Removal of Refuse.
It is provided by the Public Health (London) Act, 1891, as the duty
of cverj' Sanitary Authority to secure the due removal, at proper periods, of
"house refuse " from premises, and bv by-law the Council has determined
that removal once per week shall be effected. It is also provided that " trade
refuse " shall be removed at the cost of the owner or occupier of any premises.
The Definition Clause of the same Act describes "house refuse" as meaning
"ashes, cinders, breeze, rubbish, night soil, and filth," but does not include
" trade refuse."