Day 072 - 12 Jan 95 - Page 38


     
     1        I am, however sending him a copy of your letter so that he
     2        is fully aware of your concerns."   There is nothing in
     3        there, is there, about:  "Sorry, we got it wrong; it is not
     4        15 minutes, it is every half an hour"?
     5        A.  No, that is correct.
     6
     7   Q.   I put it to you that there are not regular environment/index.html">litter patrols.
     8
     9   MR. JUSTICE BELL:  You have put that several times and he has
    10        disputed it.  You only have to put it once, in fact.  You
    11        lay your ground and you will call your witness in due
    12        course.  If I may say so, I think you have tested
    13        Mr. Stump's evidence on this.  If you have particular
    14        specific points to put, please take them, but I am clearly
    15        going to have to weigh the evidence at the end of the day
    16        and come to a conclusion on balance of probabilities.
    17
    18   MS. STEEL:   I was going to go on to say that is why there is a
    19        difference between some saying 15 minutes ----
    20
    21   MR. JUSTICE BELL:  That is implicit in what you said.
    22
    23   MS. STEEL:  Right.  (To the witness):  Can you turn to page
    24        785?  This is a letter to Mrs. Earle:  "I am very sorry to
    25        hear of the most unsatisfactory situation you are
    26        encountering in Royal Avenue.  I can certainly understand
    27        how distressing this must be for you and would like to try
    28        to help whenever we can".  That appears to be a recognition
    29        of the fact that there is a problem, that Mrs. Earle has
    30        been experiencing a problem with environment/index.html">litter; is that right?
    31        A.  No, I would say it was common courtesy from -----
    32
    33   Q.   What is the "unsatisfactory situation" referred to there
    34        then?
    35        A.  Well, I believe that if a customer was unhappy with a
    36        situation, whether or not she was right or not, then we
    37        would apologise to that customer for the fact that they
    38        were unhappy with the situation, even though it may not be
    39        true or not -- it may be true or not.
    40
    41   Q.   So are you just saying you murmur sympathetic noises to
    42        keep them quiet?
    43        A.  Well, I would -- it is not my letter but I would see it
    44        as courtesy towards this local resident to ......
    45
    46   Q.   "Mr. Stump has informed me that he will have a last environment/index.html">litter
    47        patrol carried out late at night to clear up after any
    48        final customers have left Royal Avenue.   I do hope this
    49        will eliminate this."   When was this environment/index.html">litter patrol in
    50        place? 
    51        A.  It was towards the end of 1993.  I cannot give an exact 
    52        date. 
    53
    54   Q.   It was after this letter, was it?
    55        A.  Yes, we looked at the situation and we realised there
    56        was, because the residents had refused us a late night cafe
    57        licence, our customers had to take-away.  So, therefore,
    58        they were creating a environment/index.html">litter problem late at night.  So, the
    59        residents, we spoke to the residents about this and we
    60        explained that if we could keep the customers inside the

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