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News | Wednesday, 31 March 2010 Issue. 157

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Pharmacy owner files case against Health authorities

Law clearly states that pharmacies cannot be located within 50 metres of each other – GRTU director-general Vince Farrugia. I am abiding by the law – Chemimart chairman Reginald Fava


Chemimart Group Chairman and well-known businessman Reginald Fava has filed a court case against the Superintendent of Public Health in protest at the delay over the transfer of his pharmacy license from the Chemimart shop in Freedom Square to his other outlet located in Republic Street.
The case is scheduled for hearing on Tuesday.
Fava is claiming that the considerable delay in the issuing of the temporary licence is causing him business losses, as well as threatening the livelihood of his employees.
However, it seems that another four pharmacies in Republic Street, represented by the Small Business Chamber (GRTU) are strongly objecting to Fava setting up his pharmacy in the street’s Chemimart outlet, citing government regulations on the proximity of pharmacies in a given locality.
Speaking to Malta Today, GRTU director-general Vince Farrugia explained that the regulations are clear and have been in force for years – apart from the fact that government had already offered Fava alternative premises in Ordnance Street.
“Government regulations on the siting of pharmacies is that they can be located with 300 metres of each other but not less than 50 metres away. These rules have been in force for decades and make sense as we would end up with every pharmacy wanting to be located in the best street, creating considerable congestion. Our members are simply protecting their interests like Mr Fava, and are insisting that if the license is issued they are due compensation from government for the eventual loss of business. Fava was offered premises in Ordnance Street but he refused the location so you can’t expect to have the cake and eat it after all”.
Farrugia said that Chemimart is to be offered a much better location when the Piano project for City Gate is completed where a state of the art shopping centre with a Parisian tinge is to be built.
Reacting to Farrugia’s comments Fava insisted that he was being forced to relocate and the regulations do not contemplate temporary relocation. However the principal law contemplates particular circumstances, of which a forced closure is definitely one.
“The case is quite clear as the regulations do not contemplate temporary relocation which is indicated in the Medicines Act Section 72. The law supersedes the regulations so I am only abiding by the said law which allows for special circumstances of which closure can certainly be described as such”..

 


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