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.
