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Pharmacy Act, 1974 (Act No. 53 of 1974)

Notices

Guidance for the issuing of Licences for Pharmacy Premises

6. Norms for granting of licences for pharmacy premises

 

6.1 New Pharmacy Premises

 

The following norms are applied in the consideration of applications for new pharmacy premises:

6.1.1 There should be at least one community pharmacy in each sub-district or place;
6.1.2 Based on population, the ratio applied is 1 (one) pharmacy per 5000 (five thousand) population, except in rural sub-districts where the ratio is 1 (one) pharmacy per 2 500 (two thousand five hundred) population. This ratio does not apply in the case of an institutional pharmacy situated in a public health facility, an institutional pharmacy situated in a private health facility and the pharmacies mentioned in clauses 4.4 and 4.5. In rural sub-districts, exceptions to the population norm may be considered where the proposed pharmacy is more than 20 kilometres from an existing pharmacy;
6.1.3 In the case of an application for a licence for a new community pharmacy, such premises may not be located less than 500 (five hundred) metres from an existing community pharmacy. In rural sub-districts, exceptions to this norm may be considered based on the availability of premises for commercial purposes;
6.1.4 Distances are based on the shortest possible lawful route that can be followed on foot, from the entrance of the existing pharmacy premises to the entrance of the proposed pharmacy premises;
6.1.5 In the case of applications for the location of a pharmacy in a shopping centre, the number of retail establishments is considered. The norm is 1 (one) pharmacy in a small shopping centre, 2 (two) pharmacies in a large shopping centre with up to 100 retail establishments, 3 (three) pharmacies in a large shopping centre with up to 150 retail establishments, with 1 (one) additional pharmacy permissible for each additional 100 (one hundred) retail establishments thereafter. A letter specifying the number of retail establishments in the shopping centre must be provided by the management of the shopping centre or the developer in the case of a new centre or an extension to an existing centre. Such letter must be on the official letter head of the management of the shopping centre or the developer (as applicable) and must include a signed declaration verifying the correctness of the information provided.

 

6.2 Change of ownership

 

6.2.1 If there is a proposed change of ownership of a pharmacy, an application for change of ownership must be submitted to the Director-General;
6.2.2 In the case where a change of ownership of a pharmacy is to be accompanied by a relocation of premises, one application for change of ownership and relocation must be submitted to the Director-General;
6.2.3 If the pharmacy remains in the same premises, norms relating to population, proximity and location as contemplated in clauses 6.1.2, 6.1.3, 6.1.4 and 6.1.5 will not be considered in the evaluation of the application; and
6.2.4 In the case of a change of owner hip, once the new licence has been issued, the current licence of the pharmacy premises shall be deemed as cancelled and must be returned to the Director-General before a new licence is issued for the premises in question.

 

6.3 Relocation of pharmacy premises

 

6.3.1 In the case of a relocation of a pharmacy premises, an application form licence for the new premises must be submitted to the Director-General;
6.3.2 In the case where a relocation of a pharmacy premises is to be accompanied bya proposed change of ownership, one application for relocation and change of ownership must be submitted to the Director-General;
6.3.3 In the case of any relocation of a pharmacy premises, a licence may be granted if the proposed new premises are within 250 (two hundred and fifty) metres, by the shortest possible lawful route that can be followed on foot, from the entrance of the current pharmacy premises to the entrance of the proposed pharmacy premises. The norms relating to proximity as contemplated in clauses 6.1.3 and 6.1.4 will be considered in the evaluation of the application;
6.3.4 If a pharmacy is to be relocated to new premises which are more than 250 (two hundred and fifty) metres by the shortest possible lawful route that can be followed on foot, from the entrance of the current pharmacy premises to the entrance of the proposed pharmacy premise, the norms relating to population, proximity and location as contemplated in clauses 6.1.2, 6.1.3, 6.1.4 and 6.1.5 will be considered in the evaluation of the application;
6.3.5 Norms relating to distance are not applicable in the case of the relocation of an institutional pharmacy in a public health facility, or an institutional pharmacy in a private health facility where the pharmacy is relocating within the institution in which the pharmacy is located;
6.3.6 Where a pharmacy relocates into a shopping centre, the norms relating to shopping centres will apply;
6.3.6 In the case of relocation, once the new licence has been issued, the current licence of the pharmacy premises shall be deemed as cancelled and must be returned to the Director-General before a new licence is issued for the premises in question.