PHARMACY PRACTICES COMMITTEE Application by Unicare Pharmacy Ltd for inclusion in the pharmaceutical list in respect of the address, 49 Main Street, Cuminestown, Aberdeenshire, AB53 5YJ. The Pharmacy Practices Committee met at 2.00pm on Wednesday14th September 2016 in the Conference Room, Suttie Centre, Foresterhill Road, Aberdeen to consider the above application in accordance with the National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2014. In Attendance Pharmacy Practices Committee Prof Stephen Logan (Acting Chair) Mrs Kim Munro (Non-contractor Pharmacist – nominated by APC) Ms Susanne Duncan (Contractor Pharmacist – nominated by APC) Mr Douglas Forsyth (Contractor Pharmacist) Ms Barbara Lamb (Lay Member) Mrs Leonora Montgomery (Lay Member) Mr Miles Paterson (Lay Member) Observers Marian Cowie Lay Representative (trainee) Steve Graham Lay Representative (trainee) Dr Stuart Hannabuss Lay Representative (trainee) Alistair Ritchie Lay Representative (trainee) In Attendance Mrs Lesley Anderson (Clerk to the Pharmacy Practices Committee) 1. At 14:00 hrs on Wednesday 14th September 2016 the Committee convened to consider an application for inclusion in the pharmaceutical list dated 8th July 2016, by Unicare Pharmacy Ltd in respect of the address, 49 Main Street, Cuminestown, Aberdeenshire, AB53 5YJ. A copy of the application had been circulated in advance to the Committee and all parties attending the meeting. 2. Written representations had been received from New Deer Pharmacy, Strachan Pharmacy, New Pitsligo, Fyvie Pharmacy, the Area Pharmaceutical Committee and the GP Sub Committee. The applicant and the interested parties were entitled to comment on the representations received. 1 The following written representations had been received and circulated with the hearing papers to the Committee. Those identified as Interested Parties who responded during the 30 day consultation had been provided with copies of written representations and the Consultation Analysis Report (CAR): a) Email dated 27 July 2016 from Andrew Porter, New Deer Pharmacy, New Deer b) Email dated 28 July 2016 from John Strachan, Strachan Pharmacy, Turriff c) Email dated 29 July 2016 from Stephen Webster, New Pitsligo Pharmacy d) Letter dated 5 August 2016 from John Ross, Fyvie Pharmacy, Fyvie e) Letter dated 16 August 2016 from Dr Craig Beattie, Chair - GP Sub Committee f) Letter dated 18 August 2015 from Area Pharmaceutical Committee g) Consultation Analysis Report (CAR) 3. The Committee had before them maps of the area surrounding the proposed premises detailing the location of the nearest pharmacies and GP surgeries, deprivation categories and population density. They had details of the numbers of prescriptions dispensed during the months 1st December 2015 – 31st May 2016 by the pharmacies nearest to the proposed premises and the number of prescriptions they dispensed that were issued from the GP surgeries closest to the premises during the months 1st December 2015 – 31st May 2016. The Committee were also provided with “Pharmacy Profiles” of the nearest pharmacies detailing opening hours, premises facilities and services offered. The Committee also had before them bus timetables for the 253 and 258 services which link Cuminestown with Turriff and New Deer. 4. Under paragraph 5(10) of the Regulations the Committee was required to decide whether “the provision of pharmaceutical services at the premises named in the application is 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.” 5. It had been confirmed prior to the meeting that the members present did not have an interest to declare. 6. The Committee agreed to invite the applicant, Unicare Pharmacy Ltd and those who were present who had made written representations to attend before them. They were: Applicant Declined to attend Unicare Pharmacy Ltd Interested Parties Mr Andrew Porter New Deer Pharmacy Mr John Strachan Strachan Pharmacy, Turriff Mr Steven Webster Webster’s Pharmacy, New Pitsligo 2 The Open Session commenced at 1400hrs The Chair began by welcoming everyone to the hearing and introductions were carried out. At this time the Chair advised all present that the meeting would be digitally recorded to ensure an accurate record of the hearing was obtained for the purposes of the minute. This digital recording would be deleted once the minute had been approved by the Board. No-one present objected to the hearing being digitally recorded. 7. The Chair explained the procedure that would be followed and no person present objected. At this time, the Chairman asked those present if they objected to observers being present during the open session of the meeting. Everyone present (Committee, Applicant and Interested Parties) agreed to the observers being present. 8. The procedure adopted by the Committee was that as the applicant had submitted a written submission the Chair asked the Clerk to the Committee to read this out on his behalf. As the applicant declined to attend, it was not possible for the interested parties and the Committee to ask questions. The interested parties made their individual oral representations with the remaining interested parties and the Committee then having the opportunity to ask questions. The parties were then given an opportunity to sum up. 9. At 09:30hrs on Wednesday 14th September, 2016 the Committee undertook a site visit. The Committee noted the location of the proposed premises, the pharmacies nearest to the proposed premises, the nearest GP surgeries and the neighbourhood as defined by the applicant. The Committee also took note of the limited local amenities in Cuminestown, which included a car repair Garage and small convenience store. The Social Club and Hotel in the village are up for sale and are both vacant. There is a primary school, but pre-school services are provided from other areas outwith the village of Cuminestown. There is also a church. Neighbourhood 10. The Committee noted the applicant, Unicare Pharmacy Ltd, had defined the neighbourhood as Cuminestown bordered by the Burn of Monquither to the North, Thornhill Road and junction with High Street (B9170) to the South, Main Street to the East and end of Teuchar Road to the West. 11. The Committee discussed the neighbourhood as defined by the applicant and felt from their site visit and the applicant’s definition, the applicant had not personally visited the village of Cuminestown in order to define the neighbourhood. The Committee concluded the neighbourhood should be classed as the village of Cuminestown, bordered to the North, South, East and West by farmland and open fields. 12. The applicant did not include details of their definition of the neighbourhood boundaries in their written submission which was read out at the hearing by the Clerk to the Committee at the request of the Chair. 13. The interested parties stated in their oral presentations their definition of the neighbourhood of Cuminestown to be the village bordered to the North, South, East and West to farmland and open fields. 3 Submissions 14. Unicare Pharmacy Ltd The Committee noted that Mr Anser Iqbal of Unicare Pharmacy Ltd had advised he was unable to attend the hearing, but felt the documents submitted were sufficient information to allow the Committee make a decision to grant the application. The Committee expressed their extreme disappointment that the applicant had not taken this vital opportunity to have their application heard. In order to ensure the application be considered fully and fairly, the Committee were of the view that the meeting should continue, as far as possible, in the normal manner. At 1405 hours, the Clerk to the Committee was invited by the Chair to read out the written submission on behalf of the applicant as follows: “I would like to state that there is a need for a pharmacy in Cuminestown. There is a Dr Surgery in the neighbourhood and therefore a source of prescriptions. The nearest pharmacy is over 5 miles away and is only accessible by private transport. This is difficult for the elderly and mothers. The nearest pharmacies do provide a collection and delivery system but this is not a contractual obligation. It can be withdrawn at any time. Situations can arise when the delivery vehicle has broken down or the delivery driver is ill and deliveries are unable to take place. Some people do not prefer the delivery service. They may not be home when the delivery takes place. Also some people prefer to collect their medicines so they can ask questions about their medicines. The viability of a pharmacy does not depend solely on the local population and local Dr Surgery. Online selling of medicines is a source of income not dependent on the local population. Other ways of generating income can be a travel clinic, providing services to nursing homes. All these things can make a pharmacy viable. The Regulations do not specify the amount of population needed to keep a pharmacy viable. There are pharmacies in rural areas which are viable. The people of Cuminestown should not be denied access to a pharmacy which is close by.” This concluded the submission on behalf of Unicare Pharmacy Ltd. Questions Due to the applicant not being in attendance, the Chair confirmed there were no questions to the Applicant from the interested parties present or the Committee. The Chair then invited the Interested Parties to make their representations. 4 Interested Party Submissions The Chair invited Mr Andrew Porter to make the representation on behalf of New Deer Pharmacy. 15. New Deer Pharmacy Mr Porter commenced his oral presentation at 1410 hours. Mr Porter commenced by stating there are actually six pharmacies within a six mile radius of Cuminestown, namely: Your Local Boots Pharmacy, Turriff Strachan Pharmacy, Turriff New Deer Pharmacy, New Deer Fyvie Pharmacy, Fyvie Webster’s Pharmacy, New Pitsligo Webster’s Pharmacy, Strichen so to say there is not adequate pharmacy services would be completely wrong, because having six pharmacies within a six mile radius is more than adequate and a lot more than many other areas.