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89
Licences to sell milk as "Grade A":—
(a) Licences in respect of premises in the Borough
at or from which the milk is sold 8
(b) Supplementary licences to sell milk from
premises outside the Borough 1
Licences to sell milk as "Pasteurised":—
(a) Licence in respect of an establishment in which
the process of pasteurising is carried on and of
any shop or other premises in the Borough from
which the milk is sold 3
(b) Licences in respect of premises in the Borough
at or from which the milk is sold 34
(c) Supplementary licences to sell milk from
premises outside the Borough 7
It was reported to the Public Health Committee on the 12th
April, 1934, that an action taken against the Council by a firm of
dairymen was heard by Mr. Justice Acton in the King's Bench
Division on the 22nd and 23rd March, 1934. The plaintiffs applied
to the Court for an Order that on the true construction of the Milk
(Special Designations) Order, 1923, they were entitled on the payment
of a sum of 5s. to receive from the Council one licence for the
sale of pasteurised milk within the Borough. It was further or
alternatively claimed that the plaintiffs were entitled to sell
pasteurised milk at each of their establishments within the Borough
and that the sum of 5s. is the prescribed sum under the Order for
such licence.
On behalf of the Council it was contended that the plaintiffs had
shown no cause of action; that if the Council was authorised to grant
a licence for the sale of pasteurised milk they were not compelled to
do so; that the remedy of the plaintiffs, if aggrieved by the refusal
of the Council to grant a licence, was by appeal to the Minister of
Health, and not otherwise; and that the Council was not authorised
to grant licences except on payment of the prescribed fee of 5s. in
respect of each shop or premises within the area at or from which
milk was sold.
When the plaintiffs applied in the first instance and stated their
contentions, the Town Clerk took the view that the licence was a
licence for the particular premises and that 14 licences were
required, each at a fee of 5s., or one licence covering all the premises
at a fee of £3 10s.
Mr. Justice Acton, in summing up, dealt with preliminary
objections raised on behalf of the Council:—