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means of ventilation of which is almost invariably obtained through the stall-board.
If it has not been used previously as a workroom the ventilation arrangements are
not always altered and increased to suit the new conditions. Cases have been found
where even the openings which originally existed have been reduced or quite
obliterated during the fixing of new shop fronts. Even the fresh air inlet to the
drain has been enclosed. No notice to the Local Authority of such alteration is
legally necessary but is very desirable. Modern shop-fronts have a tendency to
become lower than formerly; as a consequence the stall-boards become reduced
in depth with a corresponding reduction in the only available space for ventilating
the basements direct to the external air, and sometimes to such an extent as to
render them inadequate for the purpose, if the basements are to be used as workrooms.
It is the duty of every occupier of a workshop to give notice to His Majesty's
Inspector of Factories within a month of the commencement of occupation. The
Factory Inspector in turn forwards the information to the Local Authority concerned.
If this Regulation were observed without omission the supervision of
basement workrooms could be more thoroughly carried out as it is most frequently
in non-notified workrooms where faults of ventilation are found. However, even
when this notification has been given, alterations affecting light and ventilation
may be made by an occupier without hindrance and of which no notice is required.
Any contravention so caused will remain to be discovered the next time the premises
are visited.
To summarise the powers of Local Authorities in relation to the question
under consideration, it appears that in basement workrooms there is no specific
power given in either the Factory and Workshop Act or the Public Health (London)
Act in respect of lighting. The provisions as to ventilation are definite in relation
to workrooms, where women, young persons, or children are employed, but no
particular ventilating area can be insisted upon and the means must be "sufficient."
A further power is given in general terms under Section 2 (a) of the Public Health
(London) Act relating to "any premises in such a state as to be a nuisance or
injurious or dangerous to health." Workplaces can only be required to be ventilated
under the Nuisance Section of the Public Health London Act, by Section 2 (a)
quoted above, or Section 2, Subsection (g) (ii.) relating to gases, vapours, dust, etc.
In presenting these observations, due regard has been given to the peculiar
difficulties which exist in the City of London and which render complex the problems
reviewed.
Much disorganisation of business would accrue if measures were taken to
overhaul and improve the natural lighting and ventilating arrangements of basements
on a large scale though some improvement is necessary. At present a
Local Authority is given no power to act, apart from those herein quoted, except
under the Nuisance Sections of the Public Health (London) Act, 1891.
KITCHENS OF RESTAURANTS.
The following is an epitome of the powers possessed by Local Authorities in
dealing with kitchens of restaurants.
In the memorandum dealing with the duties of Local Authorities issued by the
Home Office in 1902, the following note appears:—
"'Workplace' is not defined in the Act, but in a case under Sec. 38 of the Public Health
"(London) Act, 1891, where the same phrase as in this Act occurs, viz.,' factory, workshop
"and workplace' it was held that the word is not to be limited to places where something is
"being manufactured or made, but includes 'any place where work is done permanently,
"and where people assemble together, to do work permanently of some kind or other.'
"It is therefore a word of wider signification than the word ' workshop.' In the case in
"question a stable and stable yard where men were employed as cab-cleaners and
"horsekeepers was held to be a workplace. Similarly the Secretary of State has been advised
"that the kitchens of restaurants, &c., though they are not workshops, come within the meaning
" of the term ' workplace.' "
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