The core principle for
much of Environmental Health revolves around the concept of nuisance. This is not defined
in law but has been interpreted over the years by courts to mean "an act, default or
sufferance which prevents a person from enjoying his property". The Public Health
Ordinance specifies certain nuisances that are offences and the remedial action that can
be taken by the Government to abate the nuisance. Public Health Nuisances can include
items like dampness in dwellings, defective roofs, pests, sewage and drainage problems.
All complaints received are investigated forthwith and action taken as
necessary. An Abatement Notice may be served on the person or body by whose "act
default or sufferance" the nuisance has been allowed to exist or continue. For
example in the case of defects in buildings, the Abatement Notice may be served on the
landlord of the property (who may be a person or a company). In other circumstances the
recipient may be the occupier or tenant of the premises if the nuisance is attributable to
them.
The Abatement Notice specifies the works to be carried out and allows a
period of time for the works after which legal proceedings may be instituted against the
receiver. When the case comes before the Magistrates Court the Environmental Health
Officer presents the evidence to the Stipendary Magistrate who may then impose a fine
and/or order the works to be done. The complainants anonymity is maintained and the
person is not required to attend court as the expert evidence is given by the
Environmental Health Officer.
Inspections are carried out of the homes of persons applying to the
Housing Allocation Committee for Government Housing. A report is made to the Housing
Manager on the living conditions of the applicant which includes measurements of the rooms
available and details of the persons in occupation as well as any defects in the structure
of the premises. Spatial overcrowding, external WC, shared facilities and mixing of sexes
are also mentioned in the report though defects which can be repaired by the landlord are
not.
Certain other premises are visited routinely at random. Hairdressers,
tattooists, skin piercing premises, and beauticians are inspected so that hygiene and
safety standards are maintained and that there is no risk of transmission of diseases like
hepatitis B and HIV. The premises and actual persons carrying out any skin piercing
activities are required to be registered.
Nurseries and play-schools are regularly visited and reports made to
the Department of Education if necessary. H.M. Prison is also inspected and reports made
to the Superintendent of Prison and the Board of Governors.
The officer has a right to enter all premises at all reasonable times
and if necessary by the use of force on application to a Justice of the Peace for a
Warrant of Entry.