New Pharmacy Application

Where an applicant decides to move forward to formal application, they must submit their application within 90 days from the end of the public consultation.  The application is then checked to make sure it is complete and meets all regulation requirements.

The Health Board (HB) then carries out a further consultation which is required by the pharmacy regulations.

Firstly, a copy of the application is sent to existing pharmacies around the proposed pharmacy, the Health Board’s Area Medical Committee, Area Pharmaceutical Committee, and the local Community Council’s nominated community representative. If the proposed pharmacy is within two kilometres from a neighbouring Health Board boundary, it is also shared with that Board. These parties are invited to comment on the application and all responses received within 30 days are considered by the Pharmacy Practices Committee (PPC).

The PPC is made up of seven members:

• Chair (non Executive member of the HB);
• 3 lay members (nominated by the HB);
• 1 non contractor pharmacist member (nominated by the Area Pharmaceutical Committee);
• 2 Contractor pharmaceutical members (nominated by the Area Pharmaceutical Committee).

Normally the PPC holds an oral hearing to consider an application. The applicant, other pharmacies, committees and the nominated community representative are invited to attend the hearing, but only if they have made written comments following notification of the application.

The hearing is usually held in a place near to the proposed new pharmacy.  Invites are sent out a few weeks in advance and the applicant, other pharmacies, committees and the nominated community representative are able to speak to the PPC and put forward their case.

The, regulations require the PPC to apply what is known as ‘the legal test’ to decide whether granting the application would be “necessary or desirable in order to secure adequate provision of pharmaceutical services in the neighbourhood in which the premises are located by persons whose names are included in the pharmaceutical list”. 

 Before the PPC can apply this test they must consider a range of issues including (but not restricted to):

• What are the boundaries of the neighbourhood (i.e. the local area) surrounding the proposed pharmacy?
• What pharmacy services are currently provided to/within that neighbourhood by existing community pharmacies?
• The content of the HB’s Pharmaceutical Care Services plan.
• The content of the Consultation Analysis Report (CAR).
• Comments received from pharmacies, committees and the nominated community representative following notification of the application.
• The likely long term sustainability of the proposed pharmacy.  . 

The answers to these questions will allow the PPC to decide:

• Whether the current provision of pharmacy services to/within the neighbourhood is adequate.
• If the current provision is not adequate, whether it is necessary to grant the application in order to secure an adequate pharmacy service within the neighbourhood.
• If the current provision is not adequate, whether it is desirable to grant the application in order to secure an adequate pharmacy service within the neighbourhood. 

The PPC is an expert panel and uses information heard at the hearing, and provided within their papers to make their decision.

Once the PPC make their decision they make a report for the Health Board that is sent within 10 working days of the hearing.  The decision is sent to all those who attended the hearing and is also published on the HB’s public website within five working days of the Board receiving the PPCs report.

The PPC’s decision can be appealed by either the applicant or any other invited hearing attendee within 21 days from the date the decision is sent out by the HB.

The Pharmacy Practices Committee (PPC)

After this consultation, the application is considered by the PPC which decides if an application is successful or not. The PPC is made up of seven members:

• Chair (non Executive member of the HB);
• 3 lay members (nominated by the HB);
• 1 non contractor pharmacist member (nominated by the Area Pharmaceutical Committee); and
• 2 contractor pharmacist members (nominated by the Area Pharmaceutical Committee).

The PPC normally hold an oral hearing to consider the application. The applicant attends this hearing along with anyone consulted during the second consultation exercise and who wrote to the HB about the application.

The PPC applies the statutory test to decide whether granting the application would be “necessary or desirable in order to secure adequate provision of pharmaceutical services in the neighbourhood in which the premises are located by persons whose names are included in the pharmaceutical list”.

In order to apply this test the PPC will give consideration to a range of factors including (but not restricted to):

• What are the boundaries of the neighbourhood (the local area) surrounding the proposed pharmacy premises location.
• What pharmaceutical services are currently provided to/within that neighbourhood by existing community pharmacies.
• The content of the HB’s Pharmaceutical Care Services plan.
• The content of the Consultation Analysis Report.
• Representations received during the second consultation exercise.
• The likely long term sustainability of the pharmaceutical services proposed by the applicant.

Consideration of the factors outlined above will allow the PPC to determine:

• Whether the current provision of pharmaceutical services to/within the neighbourhood is adequate.
• If the current provision is not adequate, whether it is necessary to grant the application in order to secure an adequate pharmaceutical service within the neighbourhood.
• If the current provision is not adequate, whether it is desirable to grant the application in order to secure an adequate pharmaceutical service within the neighbourhood.

There are no set criteria to define each factor. It is the role of the PPC as an expert panel to base its decision on the information available to it as well as presented during the hearing.

Once a decision is reached it is notified in accordance with the regulations and the minute of the hearing published on the HB’s public website, which is available on this web page via the links on the left of this page organised by year.

Whilst the decision of the PPC can be appealed the persons who can appeal are limited to the applicant and those parties consulted and who responded during the second consultation exercise.

If you participate in the public consultation exercise your response will be included in the CAR, which is shared with all parties in the application process.