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32
SMOKE ABATEMENT BYE.LAWS.
The Greater London Joint Smoke Abatement Committee, in the early part of the year,
recommended for adoption by Local Authorities, under Section 2 of the Public Health Smoke
Abatement Act, 1926, a draft bye.law, of which the following is a copy :—
"Bye law made in pursuance of Section 2 of the Public Health (Smoke Abatement)
Act, 1926, by the
(Name of Authority)
"Whereas Section 2 of the Public Health (Smoke Abatement) Act, 1926, provides that
any Local Authority may make Bye.laws regulating the emission of smoke of such colour,
density or content, as may be prescribed by the Bye.laws, and that where such Bye.laws are
in force for such period as may be prescribed in the Bye.laws, either from buildings generally
to which the enactments relating to smoke nuisance apply, or from such classes of those
buildings as may be so prescribed, shall until the contrary is proved be presumed to be a
nuisance:—
"The (Name of Authority)
do by this Bye.law prescribe that the emission of black smoke for a period of two minutes
in the aggregate within any continuous period of thirty minutes from any one chimney of
a building other than a private dwelling house shall until the contrary is proved be presumed
to be a nuisance."
This was the second occasion on which a similar bye.law has been considered by the
Sanitary Committee of the City Corporation, who are of opinion that such a bye.law is
undesirable in the City of London, inasmuch as it is clear that it would permit, without
penalty, the continuous emission of smoke for one and three quarter minutes in every halfhour,
and that in a congested area this would create a very real nuisance. In view of the
fact that every infringement of the requirements of the Act is to be dealt with on its merits,
the setting up of any hard.and.fast rule as to the time during which the emission of smoke
might be permitted, would appear to me to be very undesirable. In certain areas, doubtless,
a time limit such as that suggested by the proposed bye.law might be of assistance, and
perhaps be regarded as a compromise between the needs of the manufacturer and the requirements
of Public Health, but if it were put into operation in the City of London, it would
quickly become generally known that practically any kind of smoke could be emitted for
nearly two minutes in any half.hour ; restaurateurs in the City might take that opportunity
of burning rubbish, etc., with an effect that can well be imagined. The Act, as it stands,
gives power to deal with cases of nuisance created by chimneys which come within its scope,
and in this condition the matter might well be left.