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47
to state a case: the Council entered an appeal, which was heard in the
Queens Bench Division, and this appeal was dismissed.
Of 343 summonses taken under the Public Health (London) Act
and By-laws, judgments were given in 288 cases, 46 were withdrawn,
3 adjourned sine die, and in six instances the summonses were
not served.
Food and Drugs Act, 1955. Eleven summonses were issued under Section 2
of the Act; four related to a deficiency in butter fat on "buttered"
bread or rolls, and in each case a penalty with costs was imposed. In
another case the defendant was granted an absolute discharge on payment
of costs when charged with selling a bread roll containing a piece of
string. The sale of weevil-infested macaroni and wafer biscuits
respectively formed the subjects of two further summonses, each of which
resulted in the defendant being fined and ordered to pay the Council's
costs, while costs only were awarded in the case of a person who sold
baking powder which was deficient in available carbon-dioxide. Two
summonses, one against the wholesaler and one against the retailer, were
issued in connection with the sale of a breakfast cereal which contained
mouse excreta. The case against the wholesaler was dismissed without
costs upon the acceptance by the Court of the defending Counsel's submission
that in the light of the retailer's evidence the presumption of
guilt contained in Section 111 of the Pood and Drugs Act had been
rebutted. The retailer was fined and ordered to pay the Council's
costs. In the eleventh case the sale of meat paste deficient in meat
resulted in a penalty with costs being imposed.
Two summonses issued under Section 8 of the Act against persons
selling pork pies which were unfit for human consumption were successful,
a penalty and costs being imposed in each case.
A total of 26 summonses for contravention of the Pood Hygiene
Regulations were issued. Sixteen of these related to insanitary
conditions at four separate premises and a penalty with costs was
imposed in respect of each summons. Three of the four summonses issued
in connection with the use of tobacco while handling open food were
successful; in the fourth case the defendant proved to the satisfaction
of the Court that although he was the owner of the food business and was
smoking in a food room in which there was open food he did not take an
active part in the handling of food and so was not a "food handler"
within the meaning of the Regulations, and the summons was dismissed
without costs. All six summonses for allowing printed material to come
into contact with open food resulted in the defendants being fined and
ordered to pay the Council's costs.
Milk and Dairies Regulations 1949 to 1954. Dirty milk bottles
two summonses for failure to ensure cleanliness of vessels used for
containing milk were successful, a penalty with costs being
imposed.
Factories Act, 1937 - Section 7 (Sanitary conveniences)„ The one
summons issued under this Act related to failure to keep water-closets
clean and effectively lighted and resulted in the imposition of a
Penalty and an Order to pay the Council's costs.
The following table summarises the results of these
Proceedings:-