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
