The Director-General of Health, Ray Busuttil, said today that he could not issue a temporary permit for Chemimart Ltd to operate its pharmacy in Republic Street because the other four pharmacies in the street could then discontinue providing their services under the Pharmacy of Your Choice Scheme (POYC), affecting a substantial number of people.

Dr Busuttil was testifying in the case filed by Chemimart against the government and the Medicines Authority.

The company has been told to vacate its current premises in Freedom square, Valletta, because of the City Gate project.

Chemimart owner Reginald Fava said that while he was satisfied with the alternative premises offered to him by the governemnt, a year was needed for works to be completed there, and he had therefore requested a temporary permit to move to his other premises in Republic Street.

He said that his request for the temporary permit had not been acknowledged or answered.

Mr Fava pointed out that he could not simply close his pharmacy because that would violate his own licence conditions. He also had a duty to his clients and employees.

Dr Busuttil said that he appreciated that Chemimart had not requested the temporary permit capriciously, but because the company was being forced out of Freedom Square.

However, the issue of granting a temporary licence was governed by a legal notice on the minimum distance between pharmacies. Another issue which had public health implications was the fact that should another pharmacy be allowed to operate in Republic Street, the other pharmacies could stop providing services under the POYC scheme. This had implications for a substantial number of people, Dr Busuttil said.

He had, therefore, been advised to put off a decision until the issue was settled.

The hearing is still in progress. A decision is expected on Thursday.