A judge has reversed a decision by the health authorities to refuse a woman’s 2008 application to open a pharmacy in Burmarrad because they misinterpreted law which restricts pharmacy permits to towns.

Mr Justice Robert Mangion said Burmarrad fell within the definition of a town, as specified in the law, and the health authorities were wrong to deny Jane Mifsud a permit to open a pharmacy there.

The court heard how Mifsud had filed her application with the superintendent of public health, as the pharmacy licensing authority, in April 2008, for a licence to open a pharmacy in Burmarrad Street, just across the road from the parish church.

The permit was not issued so Mifsud lodged a complaint with the Ombudsman who, in 2011, ruled in her favour and recommended that her application be processed “as soon as possible”.

However, the superintendent of public health insisted that it could not implement the recommendation because, among other things, the Ombudsman had misinterpreted the definition of ‘town’ and because the law says that hamlets are not considered as a separate locality.

Any other interpretation of the regulations does not make sense- Judge Robert Mangion

She was also told that, if a pharmacy were to open in Burmarrad, people living close by would buy their medications from there rather than travel to St Paul’s Bay, where a pharmacy would benefit more people living there.

Two pharmacies per locality

A representative from the Medicines Authority testified that the law allowed up to two pharmacies per locality.

However, there were seven pharmacies in St Paul’s Bay and 31 pending applications.

There were around 500 people entitled to vote in Burmarrad, which now has its own administrative council.

Ray Busuttil, at the time superintendent of public health, said pharmacy applications were processed according to the locality’s need and that they processed applications for localities where there is a local council not an administrative council.

The health authorities said that a town is defined as a locality which has its own local council but the court rubbished this argument, saying it was “not reasonable” and describing it as “absurd”.

The judge said the regulations covering the licensing of pharmacies defines a town as one which has a council or a committee.

Mr Justice Mangion said that any other interpretation of the regulations “does not make sense” and therefore ordered the superintendent of public health to process Mifsud’s application for a pharmacy licence.

The court also put off to a hearing in May the calculation of compensation Mifsud was due as a result of the authority’s refusal to process her application.

Lawyer Edward Debono represented Mifsud while lawyer James Paul Scerri Worley appeared for the public health superintendent.