The Civil Court this morning ordered the authorities to issue a temporary licence to allow Chemimart Ltd to operate from Republic Street until December 2010.

Reginald Fava, owner of Chemimart, had sued the government and the Medicines Authority over their failure to grant him a temporary licence to operate his pharmacy from premises he owns in Republic Street.

He argued that Chemimart was being forced to leave its premises in Freedom Square, but the alternative premises offered by the government would not be ready for use for a year. He said that he was bound by his licence conditions not to discontinue service. He also had a duty to his clients and employees.

The Director-General of Health, Ray Busuttil, told the court on Tuesday that granting a temporary licence for Chemimart to operate in Republic Street raised the risk of other pharmacies discontinuing their services under the Pharmacy of Your Choice Scheme, thus affecting a substantial number of persons.

Mr Justice Joseph Zammit McKeon said that the possibility of action from third parties should be irrelevant in the decision that had to be taken by the Superintendent of Public Health. In this case, Mr Fava was providing a service to the community, and was being deprived, by exceptional circumstances from continuing to provide that service. The court therefore agreed that he should be granted a temporary licence to enable him to continue to provide the service.