Day 086 - 09 Feb 95 - Page 23


     
     1        at the end of the day a prosecution could result.  I know
     2        we have contested them in the past.
     3
     4   Q.   They have the force of law, do they not?
     5        A.  I believe so.  The Environmental Health Officers do
     6        have quite a lot of powers.
     7
     8   Q.   So give us some examples of some of the Prohibition Notices
     9         -- you said there were, say, three.  Can you remember what
    10        they were about for the East Anglia area?
    11        A.  I can remember one which was to do with the bins at the
    12        back of the store, a trash area at the back of the store,
    13        which we should not use it for a particular, for some
    14        reason or other.
    15
    16   Q.   For what?
    17        A.  For some reason or other, we should not use the trash
    18        area at the back of a store.  So, that was a Prohibition
    19        Notice on using that particular area.
    20
    21   Q.   Was that a health and safety prohibition?
    22        A.  Yes.
    23
    24   MR. JUSTICE BELL:  It was?
    25        A.  It was a health and safety one, yes.  Prohibition
    26        Notice, it was -- Prohibition Notices, I believe, are on a
    27        particular piece of equipment or area or section of your
    28        business which the Environmental Health Officer says you
    29        should not use until something has been done.  So, my
    30        understanding is that if a piece of equipment is broken or
    31        not to his satisfaction, he would say:  "You cannot use
    32        that until it is fixed".
    33
    34   MR. JUSTICE BELL:  Yes, but you said Environmental Health
    35        Officer and they are not just concerned with -- I suppose
    36        health and safety ---
    37        A.  Health safety and hygiene.
    38
    39   Q.   Yes.  Can you remember whether that was for a safety reason
    40        or -----
    41        A.  I cannot remember if it was safety or hygiene.
    42
    43   Q.   Or something to do with hygiene or nuisance generally?
    44        A.  It could possibly have been both.  I think it was an
    45        access way, so it could have been either.
    46
    47   MR. MORRIS:  So do you get to see or hear about Prohibition
    48        Notices now?
    49        A.  No, the regional health and safety officers would deal
    50        with the Prohibition Notices. 
    51 
    52   Q.   You do not get to hear of them or there are no statistics 
    53        compiled?
    54        A.  They may have regional statistics and Jill may be able
    55        to help you with that.
    56
    57   Q.   You do not know of any?
    58        A.  I do not hear of Prohibition Notices being served.
    59
    60   Q.   Jill has never told you about any over-view about

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