London's Pulse: Medical Officer of Health reports 1848-1972

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Marylebone 1912

[Report of the Medical Officer of Health for St. Marylebone, Metropolitan Borough]

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87
and all of them failed to comply in a number of respects with the regulations as to
underground sleeping rooms.
The fact that they were illegal was discovered some time before the provisions
of Section 17 (7) of the Housing, Town Planning, etc., Act, 1909, and the regulations
made thereunder came into force, but apart from advising the owner of the premises
to discontinue using them no definite action was taken. A certain number of
improvements were made, and the use of certain other rooms in the basement, which
were very bad and quite unsuited for sleeping purposes, was discontinued.
When the regulations came into operation notices were served upon the owner
with regard to the five rooms which were then in use, but all attempts to obtain
compliance with these failed. Eventually, therefore, a representation was made to
the Public Health Committee with regard to each and closing orders were made
calling for discontinuance of the use of the rooms as sleeping apartments.
Several appeals were made by the owner for withdrawal of these on the ground
that improvements had been made and that it was impossible to find sleeping
accommodation elsewhere for the staff of domestics. On each occasion the
Committee refused to accede to the owner's request, and eventually, as there seemed
to be no intention of complying with the orders or of appealing to the Local
Government Board against them, the only other course open to a Local Authority,
viz., of applying to a Court of Summary Jurisdiction for an order enforcing the
closing orders, was adopted.
Before this step was taken the Committee recognising that the section was one
presenting a number of curious features from the legal point of view, determined to
take Counsel's opinion. This was done, and though, even afterwards, there still
remained some points which were far from clear, generally the case to be submitted
to the Court appeared to be sound.
Summonses were therefore issued, and in order to be quite safe all the parties,
the servants as well as the owner, were included as defendants. The fact that the
servants were summoned caused a certain amount of delay, since the majority of
them being foreigners and not quite certain as to what their position might be, more
or less of a stampede took place, and service was not carried out without some
difficulty.
Finally, however, all summonses were served and the case came up for
hearing. Only the owner appeared to answer the summonses, but was unable to
show cause why the closing orders should not take effect, and an order directing
compliance was made.
Very shortly afterwards the use of the rooms as sleeping rooms was discontinued.
During 1912 all the underground rooms regarding which notices were served
under the regulations were closed voluntarily and no closing orders were made.
Customs and Inland Revenue Acts.
The number of certificates granted during 1912 for reduction of or exemption
from inhabited house duty under these Acts was 17.