Court confirms Republic Street pharmacy is ‘unlicensed’
Court rejects call for permanent prohibitory injunction against the Public Health Superintendent, and decrees that Chemimart pharmacy in Valletta is operating without a valid license.
The first Hall of the Civil Court today rejected Chemimart's request for a permanent prohibitory injunction against the Public Health Superintendent, and decreed that the company's pharmacy in Republic Street, Valletta is not duly licensed.
In 2011, the Public Health Superintendent informed Chemimart Ltd that it was running an unlicensed pharmacy at 20/21, Republic Street, Valletta, and demanded the immediate termination of operations.
However, the company filed a warrant of prohibitory injunction bringing a stop to any action by the health authorities.
The company claimed that as of 23 May 2010, it was licensed to operate from 20/21, Republic Street, Valletta and had honoured invoices issued by the Public Health Superintendent for it's trading and annual fees for 2011.
The Public Health Superintendent argued the company was only licenced to operate a pharmacy at 3, Freedom Square, Valletta, from a building leased from the Lands Department.
In view of the project encompassing the new Parliament building and an open air theatre, the Lands Department allocated new premises to Chemimart Ltd, at 24, Freedom Square.
The company reiterated the relocation could not be done without structural changes in the new premises and demanded a temporary relocation permit to operate from Republic Street.
The request was rejected as the premises were too close to already existing pharmacies in the area.
But a Civil Court turned the Public Health Superintendent's decision and ordered that a temporary relocation permit for a year is issued.
The Instrument of Variation of Dispensary Licence issued to the company read that the permit was only valid until December 2010 and could not be renewed.
The Public Health Superintendent argued the permit elapsed at the end of 2010. The invoice issued in 2011 by the health authorities to the company related to the premises at 24, Freedom Square.
Mr Justice Mark Chetcuti said the temporary change in the dispensary address did not grant the Licence Holder any right to operate a dispensary at 20/21 Republic Street, Valletta after 31 December 2010.
"While it is true that the company paid an invoice which should not have been drawn, as the premises at Freedom Square were not ready, the settlement of the invoice did not grant Chemimart any licence to continue operating a pharmacy in Republic Street," the court said.
Judge Chetcuti refused the company's request for a permanent prohibitory injunction against the Public Health Superintendent, and decreed that the pharmacy in Republic Street was not duly licensed.