Court rejects 30-year pharmacy licence bid in Għaxaq over population quota rules<\/p>\n
Għaxaq’s population is not large enough to justify the granting of a third pharmacy licence in the locality, the court has ruled.<\/p>\n
Judge Audrey Demicoli rejected compensation claims filed by Taddeo Bonnici, whose application for a pharmacy at Dawret Ħal Għaxaq has been pending since 1995.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
However, the Superintendent of Public Health contested this interpretation, arguing that a third licence could only be issued once the population reaches 7,500.<\/p>\n
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.<\/p>\n
The court upheld the superintendent’s interpretation, concluding that the law requires strict adherence to the ratio and does not permit exceeding it.<\/p>\n
In its reasoning, the court noted that issuing a third licence under current conditions would constitute a “flagrant violation” of the regulatory framework.<\/p>\n
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.<\/p>\n
Bonnici attempted to challenge the validity of this earlier application by presenting company registry records indicating that a similarly named entity had been dissolved.<\/p>\n
However, the court found no evidence linking the defunct company to the 1990 application and ruled that the earlier request remained pending.<\/p>\n
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.<\/p>\n
Bonnici’s claim for damages was dismissed due to lack of supporting evidence.<\/p>\n
The court further ordered that legal costs be borne by the plaintiff.<\/p>\n