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Apple Pharmacy Group Milton of Leys PPC 8 October

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Apple Pharmacy Group Milton of Leys PPC 8 October PHARMACY PRACTICES COMMITTEE MEETING Tuesday, 8 October, 2013 at 12.45pm Smithton Church, Murray Road, Smithton, Inverness, IV2 7YU Application by SANJAY MAJHU of APPLE PHARMACY GROUP for the provision of general pharmaceutical services at Unit 1C, District Centre, Milton of Leys, Inverness, IV2 6GP PRESENT Okain McLennan (Chair) Margaret Fiddy (Lay Member) Barbara Lamb (Lay Member) Leonora Montgomery (Lay Member) Peter Mutton (APC Non Contractor Nominate) Andrew Paterson ( APC Contractor Nominate) Caroline Morgan (APC Contractor Nominate) In Attendance Andrew J Green (Area Regulations, Contracts & Controlled Drugs Governance Pharmacist) Helen M MacDonald (Community Pharmacy Business Manager) Danielle McTaggart, Apple Pharmacy Group for Applicant Simon Wilson, Apple Pharmacy Group, Support Michael Church, Rowlands Pharmacy Stuart Scott, Rowlands Pharmacy, Support Kathleen Cowle, Boots James Higgins, Lochardil Pharmacy Gayle MacDonald, Lochardil Pharmacy, Support Apologies Area Pharmaceutical Committee of NHS Highland Lisa Gellatly, Tesco Stores Ltd Observers in attendance Christine McKee (NHS Western Isles) Neil Galbraith (NHS Western Isles) Tracy Beauchamp (Pharmacy Data Analyst) 1. The Chair welcomed everyone and 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 – Milton of Leys _4, Inverness Apple Pharmacy Group, Unit 1C, District Centre, Milton of Leys, Inverness, IV2 6GP The Chair asked each Committee member if there were any interests to declare in relation to the application being heard from Sanjay Majhu of Apple Pharmacy Group. No interests were declared. 3. The Committee was asked to consider the application submitted by Sanjay Majhu of Apple Pharmacy Group to provide general pharmaceutical services from premises sited at Unit 1C, District Centre, Milton of Leys, Inverness, IV2 6GP under Regulation 5(10) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009, as amended. Apple Pharmacy Group Milton of Leys _ PPC 8 October 2013 NOTES.doc P1 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 Sanjay Majhu of Apple Pharmacy Group, agreed that the application should be considered by oral hearing. Prior to the hearing, the Committee had, as a group, visited the vicinity surrounding the Applicant’s proposed premises; the route followed being as laid out in advance and as directed by the Chair of the Pharmacy Practices Committee. In doing so, the Committee visited the existing pharmacies at Lochardil, Rowlands, Balloan Park, Tesco, Inshes, Boots, Inverness Retail Park and Rowlands, Culloden, all Inverness, where a full range of amenities and services were sited within them in the immediate and surrounding areas of Castle Heather/Inshes, Lochardil and Culloden. It was particularly noticed that the siting of the pharmacy at the back of Tesco was not easily accessible in respect of disability access and, it took some time before the Committee were noticed to be waiting in the queue. A wall was noted to be between the dispensary and the public area making it impossible for the pharmacist to see who was presenting for services or gauge any special needs that they may have. The Committee then visited the boundaries of the neighbourhood as defined by the Applicant and the residential area, noting new housing being built throughout and various walkways, footpaths and play parks. Pedestrians, cyclists and joggers were noted to be travelling around the neighbourhood and the No. 5 bus was seen travelling to the neighbourhood. Within the neighbourhood of Milton of Leys, an extensive mix of housing development within the area – both social and private, adding to the original housing developed in the area during the late 1980s and those developed since was noted; including the site previously housing Scotland’s Housing Expo and the area of the Homes for Heroes development. The Committee then visited the proposed premises where the Applicant, Site Manager and Developer were on hand with plans of the proposed fit out and premises plans to guide the Committee around the premises. It was noted disabled parking and access had been a consideration by the developers in their plans and the appropriate spaces and access would be sited immediately outside the proposed premises. To the left of the premises adjoined a Co-operative supermarket, due for completion in November, 2013 and which would include ATM banking facilities; to the right of the premises adjoined two other retail units which it was anticipated would form fast food outlets. Adjacent to the site was the primary school containing community facilities where various community groups met in the evenings. The Committee then returned to the Smithton Church, Murray Road, Smithton, Inverness, IV2 7YU where the hearing was to be held. 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.” Apple Pharmacy Group Milton of Leys _ PPC 8 October 2013 NOTES.doc P2 The start of the hearing was delayed by 15 minutes due to the late arrival of Rowlands personnel. Enquiries were made and it was found that the personnel were en route, therefore the delay was agreed to avoid unnecessary interruption of the hearing once they had arrived. The Applicant, Support and Interested parties were invited into the meeting at around 1pm. 4. The Chair apologised to all in attendance for the late start of the hearing and welcomed:- The Applicant, Apple Pharmacy Group represented by Danielle McTaggart, supported by Simon Wilson, the Interested Parties who had submitted written representations during the consultation period and who had chosen to attend the hearing, were Michael Church, Rowlands Pharmacy and Stuart Scott, Rowlands Pharmacy support, James Higgins, Lochardil Pharmacy and Gayle MacDonald, Lochardil Pharmacy support and Kathleen Cowle for Boots (“the interested parties”). Tesco Stores Limited submitted their apologies and a paper for reading at the appropriate point to the Health Board, as had the Area Pharmaceutical Committee. The Chair then invited the Committee members and Board officials to introduce themselves to the Applicant and all other parties and vice versa. 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. 5. The Chair reminded everyone that the meeting had been convened to hear the application from Sanjay Majhu of Apple Pharmacy Group for the provision of general pharmaceutical services Unit 1C, District Centre, Milton of Leys, Inverness, IV2 6GP. 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. The Chair advised Neil Galbraith and Christine McKee of NHS Western Isles were in attendance, as was Tracy Beauchamp of NHS Highland in an observation capacity for training purposes and if there were any objections to their presence for any party to declare this now. No objections to the presence of the observers being present were made. 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, explaining that it would be the sole responsibility of the Lay Members to decide whether or not to grant the application. Only after the decision had been made would NHS Highland Board officials rejoin the Committee to enable the decision and reasons to be recorded. The procedure adopted by the Committee at the hearing was that the Chair asked the Applicant to make their 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. Apple Pharmacy Group Milton of Leys _ PPC 8 October 2013 NOTES.doc P3 The Chair then asked the Applicant to give their statement. 7.1. The Applicant’s Case Ms Danielle McTaggart of Apple Pharmacy
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