Court rejects 30-year pharmacy licence bid in Għaxaq over population quota rules

Għaxaq’s population is not large enough to justify the granting of a third pharmacy licence in the locality, the court has ruled.

Judge Audrey Demicoli rejected compensation claims filed by Taddeo Bonnici, whose application for a pharmacy at Dawret Ħal Għaxaq has been pending since 1995.

Pharmacies can only open after being granted a licence by the health authorities and the number of licences per locality is determined on a population quota.

Subsidiary Legislation 458.16 regulates the number of pharmacies permitted in a locality based on population size. The law establishes a ratio of one pharmacy for every 2,500 residents.

Bonnici argued that Għaxaq’s population, recorded at 5,675 in 2022 and estimated at 5,791 in 2023, entitled the locality to a third pharmacy, given that only two are currently in operation. He maintained that exceeding the 5,000 mark satisfied the threshold for an additional licence.

However, the Superintendent of Public Health contested this interpretation, arguing that a third licence could only be issued once the population reaches 7,500.

According to the authority, granting a third pharmacy at current population levels would breach the statutory ratio, resulting in one pharmacy per approximately 1,900 residents.

The court upheld the superintendent’s interpretation, concluding that the law requires strict adherence to the ratio and does not permit exceeding it.

In its reasoning, the court noted that issuing a third licence under current conditions would constitute a “flagrant violation” of the regulatory framework.

The superintendent also argued that Bonnici was not next in line to open a pharmacy, citing an earlier application filed in 1990 by third parties on behalf of Delta Company for premises in Għaxaq.

Bonnici attempted to challenge the validity of this earlier application by presenting company registry records indicating that a similarly named entity had been dissolved.

However, the court found no evidence linking the defunct company to the 1990 application and ruled that the earlier request remained pending.

The court also referred to European Court of Justice case-law, supporting demographic and geographic restrictions on pharmacy licences as a means of ensuring balanced access to pharmaceutical services.

Bonnici’s claim for damages was dismissed due to lack of supporting evidence.

The court further ordered that legal costs be borne by the plaintiff.

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