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130 BOROUGH OF PADDINGTON.
W.C's., &e., and agreed to a contract for the same
being constructed at a cost of £596. The Lavatory
was open in April, 1800.
On December 3rd, 1889, the Vestry resolved to
obtain the opinion of Mr. Philbrick, Q.C., as to the
powers of the Vestry to compel Licensed Victuallers
to provide urinal accommodation. The opinion of
Counsel was in accordance with the Report of the
Public Lavatory Committee of 1884, and the Vestry
thereupon resolved to put its powers in force. The
questions submitted to Counsel and his opinion
thereon were as follow:—
1. Whether or not the Vestry
can compel, and by what means,
Licensed Victuallers to provide
Urinal accommodation for their
customers?
2. Whether or not the Vestry
possess power of compelling Licensed
Victuallers, and by what
means, to place Urinals attached to
their premises at the disposal and
for the use of the public as well as
their own customers?
I am of opinion that the Vestry
does possess the powers, conferred
by s. 72 of the Local Act of 1824,
and can compel publicans to provide
urinal accommodation for their
customers.
But 2ndly, I further think such
accommodation is only lor customers,
and not for the use of the
public. The whole scope of s. 73
points to the convenience of the
persons using the house, it deals
with conveniences of that nature
then existing, which were clearly
private, and there are no words to
take away, but only to limit the
exercise of the private right as to
them, or to extend the operation of
the Act to include public places
hereafter to be erected. If no
convenience exist, the Vestry can
follow the powers of s. 73, and prescribe
both plan and place for the
erection of the urinal on the private
premises, or order any alterations
they may desire to be made in
existing urinals, so as to obviate
any nuisance : and they are the sole
judges of whether this is to be
done, and the manner of doing it.