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PHARMACY PRACTICES COMMITTEE MEETING Tuesday, 27 September 2011 at 11.30 Am the Purple Room, Hilton Light House, 4 Tomatin Road, Inverness, IV2 4UA

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PHARMACY PRACTICES COMMITTEE MEETING Tuesday, 27 September 2011 at 11.30 Am the Purple Room, Hilton Light House, 4 Tomatin Road, Inverness, IV2 4UA PHARMACY PRACTICES COMMITTEE MEETING Tuesday, 27 September 2011 at 11.30 am The Purple Room, Hilton Light House, 4 Tomatin Road, Inverness, IV2 4UA Application by SANJAY MAJHU for the provision of general pharmaceutical services at Unit 1C, Milton of Leys Neighbourhood Centre, Milton of Leys, Inverness, IV2 6GP PRESENT Bill Brackenridge (Chair) Maureen Thomson (Lay Member) Margaret D Thomson (Lay member) Sandy Cumming (Lay member) Alison MacRobbie (APC Non Contractor Nominate) Catriona Sinclair (APC Contractor Nominate) John McNulty (APC Contractor Nominate) APOLOGIES Charles Tait, Boots (UK) Limited In Attendance Mary Morton (Head of Community Pharmaceutical Services) Helen MacDonald (Community Pharmacy Business Manager) Sanjay Majhu, Applicant Harminder Shergill, Applicant Support Jennifer Lumsden, Rowlands Lisa Gellatly, Tesco Emily Macintyre, Tesco Support 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 - Milton of Leys_3 Mr Sanjay Majhu, 23 Crow Road, Glasgow, G11 7RT The Chair asked each Committee member if there were any interests to declare in relation to the application being heard from Sanjay Majhu. No interests were declared. It was noted that two Pharmacy Practices Committee members reside within the Applicant’s proposed neighbourhood. 3. The Committee was asked to consider the application submitted by Mr Sanjay Majhu to provide general pharmaceutical services from premises situated at Unit 1C, Milton of Leys Neighbourhood Centre, Milton of Leys, Inverness, IV2 6GP 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. P1 Sanjay Majhu Milton of Leys_3 PPC 27 September 11 NOTES.doc The Committee, having previously been circulated with all the papers regarding the application from Mr Sanjay Majhu, 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 existing pharmacies and facilities in the immediate area and surrounding areas of: Culduthel, Slackbuie, Wester Inshes, Parks Farm and Milton of Leys. There were no GP surgeries in the vicinity. Also prior to the hearing, the Committee carried out a site visit meeting with the Applicant, Applicant Support, Developer and Builder present and it was noted that the premises were not constructed and were subject to conditional contract, dependent on the Committee’s decision on the application. 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 and Interested Party Support were invited into the meeting at around 11.40am 4. The Chair welcomed:- The Applicant, Mr Sanjay Majhu, who represented himself and was assisted by Mr Harminder Shergill, the Interested Parties who had submitted written representations during the consultation period and who had chosen to attend the hearing, were Mrs Jennifer Lumsden, Rowlands Pharmacy; Ms Lisa Gellatly, Tesco Pharmacy assisted by Miss Emily Macintyre, Tesco 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. 5. The Chair reminded everyone that the meeting had been convened to hear the application from Sanjay Majhu for the provision of general pharmaceutical services at Unit 1C, Milton of Leys Neighbourhood 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. 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. P2 Sanjay Majhu Milton of Leys_3 PPC 27 September 11 NOTES.doc 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 his 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 explained that under the amended Regulations, the three lay members of the Committee would be those responsible for reaching a decision as the only voting members of the Committee. The Chair then asked the Applicant to give his statement. 7.1. The Applicant’s Case Mr Sanjay Majhu stated “the neighbourhood we believe that this pharmacy is necessary for can be defined within the following boundaries: 1. From the north, the junction of the A9 and Sir Walter Scott Drive exit; 2. From the southwest, going down Sir Walter Scott Drive (a major road with plenty of roundabouts) (B8082). 3. From the North to West going down Sir Walter Scott Drive going through four roundabouts until one reaches Leys roundabout (which cuts into Culduthel Road then turn left heading south (B861). Which is the area represented by Inverness South Community Council and taken as their agreed definition with the A9 as an obvious barrier. 4. Heading south take a left line into farmland taking in Slackbuie. This meets at Lower Milton of Leys, south of this farmland. 5. Follow the line to roundabout at B9177 which links back into the A9. The area south of Sir Walter Scott Drive is now called South Inverness by the Highland Council and the B861 is the line of Ward 20 council area, so in effect this is where our neighbourhood boundary is. Beyond the B861 it becomes Ward 16 and thus a different neighbourhood. This will be the case from 2011. Going south on the A9 there are various small villages without any facilities who have to travel into Inshes or Inverness for a pharmacy. This covers areas like Daviot, Moy and Tomatin plus numerous one off homes and farms in the rural areas. All these homes would benefit by a pharmacy in Milton of Leys. Returning to Sir Walter Scott Drive (B8082) both ends of this road. that is. Inshes and at Dores have been highlighted for major reconstruction to enable further growth for Inverness. The layout at Inshes roundabout will radically change which will not only take time to create but also involve a different and complicated route into Inshes for residents in South Inverness. The Wades Roundabout has five exits and is now too busy a road for many people and very unsuitable to cross. There are traffic lights but these are unsuitable for the growing populations within our neighbourhood. Within this neighbourhood there are many areas which have substantial populations or are developing”. P3 Sanjay Majhu Milton of Leys_3 PPC 27 September 11 NOTES.doc The Applicant explained this by referring to a visual aid he had brought showing the proposed neighbourhood on boards on an A-frame stand. He then went on to say “I have evidence from different sources to clarify the population in this new and changing area and there is plenty of development in Milton of Leys and the Housing Expo development; Parks Farm, Inshes/Wester Inshes, Castle Heather and there is plenty of development in Slackbuie making a total of over 2,000 homes in my neighbourhood. I had to get the figures confirmed via the Highland Council Website Data zone information, Land Audits and through information from the developer. I had meetings with the Council as the Census information available dated back to 2001 and has yet to be updated and it was complicated to obtain up-to-date information. Milton of Leys Phase 2 is now under construction, affordable housing at Parks Farm is now being built and ready for sales. Ashwood Grove, which lies to the east of Milton Leys, has significant new housing, many of which are owner
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