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Highland Primary Care Nhs Trust

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Highland Primary Care Nhs Trust PHARMACY PRACTICES COMMITTEE MEETING Tuesday, 10 April, 2012 at 11.30 am The Board Room, John Dewar Building, Inverness Retail & Business Park, Highlander Way, Inverness, IV2 7GE Application by LYNNE ELIZABETH CAMPBELL for the provision of general pharmaceutical services at Units 2 & 3 Cradlehall Shopping Centre, Cradlehall Court, Inverness, IV2 5WD PRESENT Bill Brackenridge (Chair) Maureen Thomson (Lay Member) Margaret D Thomson (Lay member) Michael Roberts (Lay member) Alison MacRobbie (APC Non Contractor Nominate) Catriona Sinclair (APC Contractor Nominate) John McNulty (APC Contractor Nominate) In Attendance Andrew J Green (Area Regulations, Contracts & Controlled Drugs Governance Pharmacist) Helen M MacDonald (Community Pharmacy Business Manager) Lynne Elizabeth Campbell, Applicant Kenneth Lawrie, Applicant Support Alasdair Shearer, Rowlands Lisa Gellatly, Tesco Peter Mutton, Area Pharmaceutical Committee 1. The Chair welcomed everyone to Inverness. He asked all members to confirm that they had all received the papers for the hearing and had read and considered them. All members affirmed these points. 2. APPLICATION FOR INCLUSION IN THE BOARD’S PHARMACEUTICAL LIST Case No: PPC - Cradlehall_3 Lynne Elizabeth Campbell, Units 2 & 3 Cradlehall Shopping Centre, Cradlehall Court, Inverness, IV2 5WD The Chair asked each Committee member if there were any interests to declare in relation to the application being heard from Lynne Elizabeth Campbell. No interests were declared. 3. The Committee was asked to consider the application submitted by Lynne Elizabeth Campbell to provide general pharmaceutical services from premises situated at Units 2 & 3 Cradlehall Shopping Centre, Cradlehall Court, Inverness, IV2 5WD under Regulation 5(10) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009, as amended. The Committee had to determine whether the granting of the application was necessary or desirable to secure the adequate provision of pharmaceutical services in the neighbourhood in which the Applicant’s proposed premises were located. The Committee, having previously been circulated with all the papers regarding the application from Lynne Elizabeth Campbell, agreed that the application should be considered by oral hearing. P1 Lynne Elizabeth Campbell Cradlehall _3 PPC 10 April 12 NOTES (2).doc Prior to the hearing, the Committee had, as a group, attended a presentation which included a site visit at the University of the Highlands and Islands Campus which was delivered by Highlands and Islands Enterprise Senior Development Manager, Mr Ian Thorburn, to ascertain factual information regarding that development, which was within the Applicant’s neighbourhood and could be considered to have been an important factor in the Applicant’s case. The Committee then visited the proposed premises where the Applicant and Applicant Support were on hand to guide the Committee around the premises, provide advice on the proposed plans for development and answer any questions asked of them by the Committee. The Committee then visited the vicinity surrounding the Applicant’s proposed premises, the existing pharmacies at Tesco, Inshes and Rowlands, Culloden and facilities in the immediate area and surrounding areas of Cradlehall, Castlehill, Birchwood, Westhill where social housing, a business park, primary school, nurseries, residential nursing home and the various shops, hairdressers and beauticians were pointed out. They were then driven around the boundaries of the neighbourhood as defined by the Applicant, over the railway bridge to the neighbouring areas of Smithton and Culloden, passing the Boots Pharmacy, at Inverness Retail & Business Park before returning to the John Dewar Building where the hearing was to be held. During the tour, the situation of the NHS and private dental surgeries in Castlehill, Cradlehall and Culloden and GP surgeries in Culloden were noted (the Committee were provided the opportunity to enter into all 3 pharmacies, but decided this was not required on this occasion, as all members had visited these pharmacies before and were advised by Health Board officials there had been no further changes to any of the premises since then**). The hearing was convened under paragraph 3(2) of Schedule 3 to the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 as amended (“the Regulations”). In terms of this paragraph, the Pharmacy Practices Committee “shall determine an application in such a manner as it thinks fit”. In terms of Regulation 5(10) of the Regulations, the question for the Pharmacy Practices Committee is whether “the provision of pharmaceutical services at the premises named in the application is necessary or desirable to secure adequate provision of pharmaceutical service in the neighbourhood in which the premises are located by persons whose names are included in the Pharmaceutical List.” The Applicant, Support and Interested parties were invited into the meeting at around 11.40am 4. The Chair welcomed:- The Applicant, Lynne Elizabeth Campbell, who represented herself and was supported by Kenneth Lawrie, the Interested Parties who had submitted written representations during the consultation period and who had chosen to attend the hearing, were Lisa Gellatly, Tesco Pharmacy, Alasdair Shearer, Rowlands Pharmacy and Mr Peter Mutton, Area Pharmaceutical Committee, (“the Interested parties”). The Chair then invited the Committee members to introduce themselves. Committee members introduced themselves to the Applicant and all other parties. The Chair asked the Applicant and the Interested Parties to confirm that they were not attending the Committee in the capacity of solicitor, counsel or paid advocate. They each confirmed that they were not. P2 Lynne Elizabeth Campbell Cradlehall _3 PPC 10 April 12 NOTES (2).doc 5. The Chair reminded everyone that the meeting had been convened to hear the application from Lynne Elizabeth Campbell for the provision of general pharmaceutical services at Units 2 & 3 Cradlehall Shopping Centre, Cradlehall Court, Inverness, IV2 5WD. The application would be considered against the legal test contained in Regulation 5(10) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009, as amended. 6. Regulation 5(10) was read out: An application shall be granted if the Board is satisfied that the provision of the pharmaceutical services at the premises is necessary or desirable in order to secure adequate provision of pharmaceutical services in the neighbourhood in which the premises are located. 7. The Chair then described the format of the hearing, reminding those attending that no new evidence could be introduced at the summing up. The procedure adopted by the Committee at the hearing was that the Chair asked the Applicant to make her submission. There followed the opportunity for the Interested Parties and the Committee to ask questions. The Interested Parties would then make their submissions. There followed the opportunity for the Applicant and the Committee to ask questions of the Interested Parties in turn. The Interested parties and the Applicant were then given the opportunity to sum up. The Chair then asked the Applicant to give her statement. 7.1. The Applicant’s Case Lynne Elizabeth Campbell stated “I am truly grateful to the Committee for inviting me to attend the hearing today and appreciate being able to present my evidence and put forward Lynne Campbell Pharmacy Limited’s case. I would endeavour to keep the presentation as concise as possible, however, I have done a great deal of work that I would like to bring to the attention of both the Committee and the representatives from Tesco and Rowlands. To date, this is the third application made in respect to providing pharmaceutical services from Units 2 & 3 Cradlehall Court. The last application was made by Assura Pharmacy which was unanimously agreed to by the Committee after having heard and discussed all the evidence. The application was subsequently overturned as indicated in the submission from the Area Pharmaceutical Committee by the National Appeal Panel in 2009. I am aware that there has been additional interest from one of the representatives opposing this new contract as well as another company in providing pharmaceutical service from these premises. This application relates to a similar neighbourhood and detailed evidence of a significant change that is currently undergoing within it will be discussed at a later stage within this presentation. I am here today, not only to represent my Company, Lynne Campbell Pharmacy limited, which was formed purely for the purpose of this application, but also to represent the community within the Westhill and Cradlehall neighbourhood. P3 Lynne Elizabeth Campbell Cradlehall _3 PPC 10 April 12 NOTES (2).doc The Chair, Bill (Brackenridge), in his introduction identified the legal test which the Committee has to discuss and focus on. This test relates to the pharmaceutical services in the neighbourhood, feedback from the local community and whether this application meets the test. From a previous application I was made aware of helpful and legal guidance that Lord Drummond Young provided for considering an application. He identified a two stage process for considering such an application:- 1 – What is the neighbourhood; and 2 – How adequate are the services? Until the neighbourhood has been agreed the adequacy of service cannot be identified. Once the neighbourhood has been agreed the pharmaceutical services
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