Day 075 - 17 Jan 95 - Page 29

     
     1        It can take the Local Authority to court.  It has to
     2        produce photographic evidence; it has to give warning of
     3        five days that it is going to do so.  But, the procedure is
     4        laid down.  Faced with a phone call from them, the Local
     5        Authority almost certainly would go out and clean up long
     6        before it got to court.  But if they did not, when they got
     7        to court the Magistrates can then make an order requiring
     8        them to discharge their duties.  The law is there; the
     9        redress is there; the procedure is there.  The source of
    10        the environment/index.html">litter is irrelevant.
    11
    12   Q.   Do local authorities have the powers, for example, to
    13        restrict, say, a fast-food business and say that they
    14        should not be able to do take-away, for example?
    15        A.  They have planning powers.
    16
    17   Q.   They have planning powers.
    18
    19   MS. STEEL:   I have some more questions but, really, I would
    20        like to discuss them with Mr. Morris.  I was wondering
         whether we could have lunch now?  We will definitely be
    22        finished today.
    23
    24   MR. JUSTICE BELL:  Let us just see.  If we took a full hour,
    25        would you finish?
    26
    27   MS. STEEL:  Yes, definitely, but even if we took -- I am happy
    28        to take three quarters of an hour -- an hour I am sure we
    29        will finish today.
    30
    31   MR. JUSTICE BELL:  Then I think we will take the full hour.  If
    32        there was any risk about it, I would say we will come back
    33        at 20 past 1.  I am assuming there is no-one in court who
    34        would be greatly inconvenienced by breaking now; if so,
    35        please say so.  You are absolutely confident?
    36
    37   MS. STEEL:  Yes, definitely.
    38
    39   MR. JUSTICE BELL:  Yes.  We will resume at half past one.
    40
                          (Luncheon Adjournment)
    42
    43   MS. STEEL:  Could I ask, do you still have your statement in
    44        front of you?
    45        A.  Yes.
    46
    47   Q.   In paragraph 10 you say that each restaurant has staff
    48        dedicated to the collection of environment/index.html">litter which includes environment/index.html">litter
    49        wardens to pick up on a regular basis all environment/index.html">litter disposed
    50        within the vicinity of the restaurant; is that something 
    51        that they have told you? 
    52        A.  It is something that I have observed. 
    53
    54   Q.   How many restaurants have you observed?
    55        A.  Well, mostly over the course of time I suppose that is
    56        probably ten or twenty, but my regional directors as part
    57        of their normal brief do their bit all over the UK.  So
    58        I can say with some confidence that we have experienced and
    59        watched and observed that practice.
    60