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73
costs was most unsatisfactory, and that representations should be
made with a view to legislation being introduced to enable local
authorities to secure costs in successful appeals. The matter was
accordingly referred to the Legal and Parliamentary Committee for
consideration.
During the year the department on three occasions departed
from the usual practice of applying only for nuisance orders, and
took out summonses for non-compliance with statutory notices, a
course which was felt to be warranted as the owners of the premises
concerned had been particularly obstructive in their attitude
towards the department. In two of the cases the Court imposed
penalties without costs, whilst in the third instance a penalty with
costs was obtained.
It is particularly gratifying to record that the reduction in the
number of summonses which was reported in 1950—219 as compared
with 252 in 1949—continued during 1951. This progressive
reduction indicates that with the easing of the position with regard
to building materials and labour many owners, despite the financial
difficulties they are experiencing, are willing to co-operate with the
Public Health Department, although, of course, the increase in the
number of sanitary inspectors in the earlier part of the year, which
enabled more time to be given to the following-up of sanitary
notices, also had its effect.
It is probably to this latter factor that the reduction in the
number of summonses for non-compliance with Magistrates' Orders
—16 in 1951 as compared with 39 in 1950—may be attributed.
It is not yet possible to assess what effect the knowledge that
under the London County Council (General Powers) Act, 1951, the
Council now possesses power to secure by a charge upon the premises
concerned expenses which they have incurred in carrying out work
in default will have in inducing owners to give more prompt attention
to sanitary notices, although, no doubt, the power will prove
extremely useful in cases where owners cannot be traced or the
Council are satisfied that the owner is financially unable to meet
his obligations immediately.