Day 072 - 12 Jan 95 - Page 46


     
     1        then some of these responsibilities may be carried out by
     2        electrical, plumbing, maintenance and repair of equipment.
     3
     4   MR. JUSTICE BELL:  Keeping the area outside and round about the
     5        restaurant free of environment/index.html">litter or stray rubbish depends upon the
     6        host you have referred to and above him the manager making
     7        sure that there is an efficient system regularly enforced
     8        of allocating someone or other in the staff to go out and
     9        clear up?
    10        A.  Yes, sir, because a maintenance person would not be
    11        allowed to work seven days a week from open until -----
    12
    13   Q.   Your system is allocation of a member of staff from time to
    14        time to get on with that job?
    15        A.  Yes, sir.  It is delegation down through the shift
    16        manager and lobby host.  If they want to delegate out to
    17        crew members they may, but there are levels of
    18        responsibility, of accountability.
    19
    20   MR. JUSTICE BELL:  I am going to have to decide, for better or
    21        worse, to what extent any such system was put into practice
    22        and the extent to which, if it was, it worked.
    23
    24   MS. STEEL:   Yes.  I was not going to ask anything further on
    25        that.  I notice the Plaintiffs appear to have the OCLs.
    26
    27   MR. JUSTICE BELL:  Shall I take the five-minute break there?  Is
    28        there a document, Mr. Rampton?  I will take the five-minute
    29        break there.  I will take one on my walk with me.
    30
    31                       (Short Adjournment)
    32
    33   MS. STEEL:  Can I make an observation which is that this ought
    34        to have been disclosed quite some time ago.  I cannot see
    35        any reason why it was not.  I believe there are others in
    36        the series.  This is dated 10th of 1993. I think that the
    37        others in the series should be disclosed and the previous
    38        versions as well.  If need be I will make a formal
    39        application for that.
    40
    41   MR. RAMPTON:  There is no need for that.  As your Lordship can
    42        readily see, as on every other single occasion in this case
    43        where we have not found something whose existence we did
    44        not know about, it is quite clear that it is an error
    45        because, as ever, it is in favour of the Plaintiffs.  If
    46        there are any previous versions in existence, we will do
    47        our best to find them.
    48
    49   MR. JUSTICE BELL:  I think you should do that because it might
    50        be of relevance to see where, if at all, 14 under 
    51        "Cleanliness" appeared on earlier or cases. 
    52 
    53   MR. RAMPTON:  We will try to get some oral evidence about that
    54        as well.
    55
    56   MR. JUSTICE BELL:  Is there a reverse of this, because I see it
    57        says beneath the overall grey box "To pass 90 per cent must
    58        be scored on both sides of the OCL".
    59
    60   MR. RAMPTON:  It may be, my Lord, there is a second side to it.

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