OFFENSIVE TRADES (URBAN COUNCIL) BY-LAWS

OFFENSIVE TRADES (URBAN COUNCIL) BY-LAWS

OFFENSIVE TRADES (URBAN COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BA 2
2. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BA 2
3. Interpretation ... ... ... ... ... w.. ... ... ... ... ... ... ... ... BA 2
4. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... BA 2
5. Licensing of offensive trades ... ... ... ... ... ... ... ... ... ... ... BA 2
6. Application for licence ... ... ... ... ... ... ... ... ... ... ... ... ... BA 2
7. Conditions for issue of licence ... ... ... ... ... ... ... ... ... ... ... BA 3
8. Restriction on alteration of premises or fittings after grant of licence ... ... --- BA 4
9. General cleanliness ... ... ... ... ... ... ... ... ... ... ... ... ... BA 4
10. Maintenance of machinery for disposal of vapours, etc . ... ... .. ... ... ... BA 5
11. Maintenance of premises and prevention of vermin ... ... ... ... ... ... BA 5
12. Premises not to be used for dwelling purposes ... ... ... ... ... ... ... ... BA 5
13. Storage of materials ... ... ... ... ... ... ... ... ... ... ... ... ... BA 5
14. Disposal of refuse ... ... ... ... ... ... ... ... ... ... ... ... ... ... BA 6
15. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... BA 6
16. Name in which proceedings for offences may be brought ... ... ... ... ... BA 6





OFFENSIVE TRADES (URBAN COUNCIL) BY-LAWS

(Cap. 132, section 49)

[23 December 1960.]

1. These by-laws may be cited as the Offensive Trades (Urban
Council) By-laws.

2. These by-laws apply to the Urban Council area only.

3. In these by-laws, unless the context otherwise requires-

'Council' means the Urban Council;

'licensee' means a person to whom a licence has been granted under
these by-laws.

4. [Revoked, L.N. 298180]

5. (1) Save under and in accordance with a licence granted
by the Council, no person shall carry on any offensive trade.

(2) Every such licence shall expire annually on 31 December.

(3) The grant or renewal of any such licence shall be subject to
the payment in advance to the Council of a fee of f> '~ ~ 9-4

Provided that where any such licence is granted after 30 June in
any year, the fee payable in respect of the grant of that licence shall
be one-half of the prescribed fee.

(4) Where the Council is satisfied that any such licence has
been lost or destroyed, the Council may upon payment of a fee of
Sffi issue a duplicate thereof.

6. (1) Every application for any such licence shall be made in
writing addressed to the Secretary of the Council, and shall be
accompanied by 3 copies of a plan, as nearly as may be to scale, of
the whole of the premises in which the offensive trade will be carried
on, which plan shall include, so far as the same may be applicable,
particulars of the following-

(a)space allocated to the preparation, processing and storage
of materials;

(b) space allocated to the storage of finished articles;

(c) sanitary fitments and drainage works;

(d) cloakrooms, passageways and open spaces;

(e) all means of entry, exit and internal communication;

(f) means of ventilation;





(g)the siting of substantial fittings, equipment and machinery;
and

(h) means of refuse storage and disposal.

(2) Every plan submitted for approval pursuant to the provi-
sions of paragraph (1) shall be accompanied by a statement in
writing declaring-

(a) the nature of the offensive trade which is to be carried on;

(b)the means whereby it is intended to control or dispose of
any noxious or injurious vapours, dust or effluents which
may be discharged in the carrying on of the offensive
trade; and

(c)where the premises at which the offensive trade is to be
carried on comprise part of a building which has more
than one storey, which storey or storeys will be used.

(3) Every plan, or any modification thereof, which is approved
by the Council shall be endorsed to that effect by the Secretary of
the Council, and 1 copy shall be returned to the applicant and the
remaining 2 copies shall be retained by the Council.

7. No such licence shall be granted unless the Council is
satisfied in relation to the premises in respect of which the applica-
tion for such licence is made that-

(a)the plan referred to in by-law 6 has been approved by the
Council and the premises conform thereto;

(b)the methods to be used for the control or disposal of any
noxious or injurious vapours, dust or effluents which may
be discharged in the carrying on of the offensive trade are
adequate;

(c)the means of ventilation provided, whether natural or
mechanical or partly natural and partly mechanical, are
sufficient in every part of the premises, other than any part
used exclusively for storage purposes, to safeguard in that
respect the maximum number of persons likely to be in
such part of the premises at any one time;

(d)sanitary fitments are provided to a standard not less
than that required by the Building (Standards of Sanitary
Fitments, Plumbing, Drainage Works and Latrines)
Regulations:

Provided that, in the case of any premises to which
such regulations do not apply, the Council may approve
such lesser standard as, having regard to considerations of
public health and the circumstances of the case, the Council
may consider adequate;





(e) public mains water is laid on to the premises:

Provided that, where the Council is satisfied that
public mains water cannot reasonably be laid on for all or
any purposes, the Council may in its discretion approve
such other water supply as, having regard to considera-
tions of public health, it may consider adequate;

all floors in every part of the premises in which materials
are prepared, processed or stored are rendered smooth
and impervious on the surface and slope evenly towards
drainage outlets;

(g)all such floors are drained, by means of removable gal-
vanized gratings, into glazed or smooth cement channels
which discharge into trapped drainage openings;

(h)all walls in every part of the premises in which materials
are prepared, processed or stored are rendered smooth and
impervious to a height of not less than 2 m and the junc-
tions between the walls and floors are coved;

(i)in the case of any premises used for the carrying on of an
offensive trade involving the processing or treatment of
materials containing fat, all drainage outlets are fitted with
a grease trap;

(j)the storage space provided is sufficient to contain all
materials required for use in the business which are likely
to be in stock at any one time;

(k)where the premises comprise part of a building which has
more than one storey, the other storeys of such building
are adequately protected against nuisances arising from
the carrying on of the offensive trade; and

(1)the carrying on of the offensive trade is not, or is not likely
to be, a nuisance or danger to members of the public.

8. After the grant or renewal of any such licence, no licensee
shall, save with the permission in writing of the Council, cause or
permit to be made in respect of the premises to which the licence
relates-

(a)any alteration or addition which would result in a material
deviation from the plan thereof approved under by-law 6;
or

(b)any material alteration in respect of any matter specified
in by-law 7.

9. (1) The licensee shall. at the end of each working day and
in any event not less than once in every 24 hours, cause every part
of the premises in which materials are prepared or processed to be
thoroughly cleansed.





(2) The licensee shall cause all apparatus, equipment or
machinery used in the preparation or processing of materials to be
thoroughly cleansed not less than once in every 24 hours during
any period in which business is carried on.

10. The licensee shall at all times cause any machinery used
for the purpose of controlling or disposing of noxious or injurious
vapours, dust or effluents which may be discharged in the carrying
on of the offensive trade to be maintained in good working order.

11. (1) Every licensee shall, at all times, cause the walls,
floors, doors, windows, ceilings, wood work and all other parts of
the structure of the premises in which he carries on an offensive
trade to be kept in such good order, repair and condition as to-

(a) enable them to be effectively cleansed;

(b)prevent, so far as is reasonably practicable, infestation of
the premises by vermin; and

(c)prevent absorption of noxious matters into any parts of
the structure of the premises.

(2) If it appears to the Council, on the report of a health
officer or health inspector, that any premises, or any part of any
premises, in which an offensive trade is carried on are or is, by
reason of uncleanliness, want of repair or structural condition, in
such a state as to be, or to be likely to become, a nuisance, the
Council may cause a notice to be served upon the licensee requiring
him to cleanse, disinfest, limewash, repair or modify such premises,
or such part thereof, in such manner and within such time as may
be specified in the notice and as may, in the opinion of the Council,
be necessary to abate the nuisance or remove the likelihood thereof.

(3) If any licensee on whom a notice is served under the provi-
sions of paragraph (2) fails to comply with any of the requirements
thereof, the Council may execute, or cause to be executed, such
work as may be necessary to satisfy the requirements of such notice
and may recover any expenses thereby incurred from the licensee.

12. No person shall use for dwelling purposes any part of any
premises in which any work, other than clerical work, in connexion
with the carrying on of an offensive trade is performed:

Provided that the provisions of this by-law shall not apply to
not more than 2 persons, or such greater number of persons as the
Council may in writing permit, employed as caretakers.

13. Every licensee shall cause all materials which have been
received upon any premises used by him for the carrying on of an
offensive trade and which are not immediately required for use to
be so stored as to prevent, so far as is reasonably practicable, the
emission therefrom of noxious or injurious effluvia and the spread
of vermin.





14. All refuse or waste matter arising from the carrying on of
any offensive trade shall be placed in suitable receptacles so con-
structed as to prevent, pending the disposal thereof in such manner
as the Council may approve either generally or in any particular
case, the emission of noxious or injurious effluvia.

15. (1) Any person who contra s by-law 5(1) commits an
offence and is liable to a fine of $10,000 and to imprisonment for
6 months, and in the case of a continuing offence to a further daily
penalty of$250.

(2) Any person who contravenes by-law 8, 9, 10, 11(1), 12,
13 or 14, or who fails to comply with any requirement of a notice
served upon him under by-law 11(2), commits an offence and is
liable to a fine of $2000 and to imprisonment for 3 months, and in
the case of a continuing offence to a further daily penalty of$50.

16. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of
the Council.
G.N.A. 156/60. --- G.N.A. 57/62. L.N. 24/67. 21 of 1973. L.N. 281/75. L.N. 89/79. L.N. 75/80. L.N. 298/80. L.N. 93/81. L.N. 105/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Licensing of offensive trades. 21 of 1973, s. 20. L.N. 281/75. L.N. 75/80. L.N. 93/81. L.N. 105/83. L.N. 105/83. Application for licence. Conditions for the issue of licence. (Cap. 123, sub. Leg.) L.N. 89/79. L.N. 298/80. Restriction on alteration of premises or fittings after grant of licence. General cleanliness. Maintenance of machinery for disposal of vapours, etc. Maintenance of premises and prevention of vermin. Premises not to be used for dwelling purposes. Storage of materials. Disposal of refuse. Offences and penalties. L.N. 298/80. Name in which proceedings for offences may be brought.

G.N.A. 156/60. --- G.N.A. 57/62. L.N. 24/67. 21 of 1973. L.N. 281/75. L.N. 89/79. L.N. 75/80. L.N. 298/80. L.N. 93/81. L.N. 105/83. 10 of 1986. Citation. 10 of 1986, s. 32(2). Application. 10 of 1986, s. 32(2). Interpretation. Licensing of offensive trades. 21 of 1973, s. 20. L.N. 281/75. L.N. 75/80. L.N. 93/81. L.N. 105/83. L.N. 105/83. Application for licence. Conditions for the issue of licence. (Cap. 123, sub. Leg.) L.N. 89/79. L.N. 298/80. Restriction on alteration of premises or fittings after grant of licence. General cleanliness. Maintenance of machinery for disposal of vapours, etc. Maintenance of premises and prevention of vermin. Premises not to be used for dwelling purposes. Storage of materials. Disposal of refuse. Offences and penalties. L.N. 298/80. Name in which proceedings for offences may be brought.

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