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

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Marylebone 1953

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

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17
Fireguards.— The Heating Appliances (Fireguards) Regulations, 1953, made by the Secretary of State
in pursuance of section 2 of the Heating Appliances (Fireguards) Act, 1952, came into force on the
1st October, 1953. They require fireguards of a standard set out in the schedule to the regulations
to be fitted to gas fires, electric fires and oil heaters so designed that they are suitable for use in
residential premises and are of such a type that, without a guard, there is a likelihood of injury by
burning.
Towards the end of the year retailers of heating appliances were visited, and it was noted that the
leading manufacturers were already embodying in new apparatus guards in conformity with statutory
requirements. To ascertain whether or not heating appliances comply with the regulations, the
necessary test probes and other equipment, as laid down in the specification (B.S. 1945 : 1953) of the
British Standards Institution, were obtained for the use of officers engaged in duties under the Act.
Street Photographers.—A local bye-law, made by the Council under section 146 of the London
Government Act, 1924, came into operation on the 1st August, 1952, prohibiting the importuning by
a street photographer of any person in certain prescribed streets or public places for the purpose
of taking or selling any photograph. An offender against the bye-law is liable on summary conviction
to a fine not exceeding £5. As the administration and enforcement of most other "good rule and
government" bye-laws have been referred to the Public Health Committee, a similar course was
followed in regard to the new bye-law, more particularly as the officers of the Department, including
the streets nuisance inspector, are continually about the streets.
During 1953 the Council instituted legal proceedings in ten cases, five on the reports of police
officers and five on reports of the Council's streets nuisance inspector. In one case a fine of £20s. Od.
was inflicted with 10s. 6d. costs, seven cases resulted in fines of £20s. Od. each, one £10s. Od. and one
10s. with 10s. 6d. costs.
In the Annual Report for 1952 mention was made of a prosecution which had developed into
something of a test case. At the hearing on 25th November, 1952, the magistrate fined the defendant
10s. and awarded £1 ls. Od. costs to the Council. He appealed to the London Quarter Sessions and
the Appeals Committee reversed the decision and awarded the appellant £15 15s. Od., having come
to the conclusion that upon the true construction of the bye-law " the word ' importune ' must involve
something more than just offering an invitation—that it means exercising some kind of pressure,
whether that pressure takes the form of words, or expansive gestures, or obstruction in the sense
of getting in another person's way, or following a person after that person has passed by." The
Council subsequently decided to appeal to the High Court and the following is an extract from the
judgment of the Lord Chief Justice in the case : "I am not going to proceed to give what will be
an extra judicial opinion, because it would only be obiter, as to whether a street photographer can
carry on his business after this bye-law at all; I think it is quite possible he can carry on some business,
but I am quite certain that a man is meant to be stopped from touting in the street for custom ;
therefore I think that the magistrate was perfectly right in convicting him and the justices were
wrong in quashing the conviction and the appeal succeeds."
SECTION D.—HOUSING.
Permanent Estates.—The Council had provided the following permanent housing accommodation
up to the 31st December, 1953 :—
Pre-War Estates— No. of Flats
Crawford Place Dwellings 52
Fisherton Street Housing Estate 130
Post-War Estates—
Barrow Hill 172
Church Street 140
Winchilsea House 23
Townshend (first stage and part of second stage of development) 82
Abbey Road—Boundary Road 54
Hamilton Terrace (part) 12
Total 665
At the close of the year, the following additional permanent accommodation had reached the stage
indicated :—