Pharmacy Act 2010 (WA)

Western Australia Pharmacy Act 2010 Western Australia Pharmacy Act 2010 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 — Pharmacy Registration Board Division 1 — The Board 4. Board established 6 5. Membership of Board 6 6. Presiding member and deputy presiding member 6 7. Remuneration and allowances 6 Division 2 — Functions and powers 8. Functions 7 9. Powers 7 10. Delegation by Board 7 Division 3 — Relationship of Board with Minister 11. Directions by Minister 8 12. Minister to have access to information 8 Division 4 — Committees 13. Committees 9 14. Provisions relating to committees 10 Division 5 — Constitution and proceedings of the Board 15. Term of office 10 16. Functions of deputy presiding member 11 17. Deputy members 11 18. Vacation of office by member 11 19. General procedure concerning meetings 12 20. Voting 13 21. Holding meetings remotely 13 22. Resolution without meeting 13 23. Minutes 13 Division 6 — Disclosure of interests etc. 24. Term used: member 13 25. Disclosure of interests 13 26. Exclusion of interested member 14 27. Board or committee may resolve that section 26 inapplicable 14 28. Quorum where section 26 applies 14 29. Minister may declare sections 26 and 28 inapplicable 15 Division 7 — Registrar and other staff 30. Registrar 15 31. Other staff 15 Division 8 — General 32. Duty not to make improper use of information 16 33. Meetings and minutes of meetings 16 34. Execution of documents by Board 16 Part 3 — Finance and reports 35. Funds of the Board 18 36. Accounts 18 37. Audit 18 38. Annual report and other reports 19 Part 4 — Registration Division 1 — Registration of pharmacies 39. Registration of premises as pharmacies 20 40. Who may apply for registration 20 41. Preserved company to carry on pharmacy business only at certain premises 20 42. Application for registration 21 43. Grounds for refusal 22 44. Entry and inspection of registered pharmacy 22 45. Duration of registration 23 46. Cancellation and non‑renewal of registration 23 47. Conditions on registration 24 48. Premises may be, or continue to be, registered even if requirements as to minimum standards of fitness are not met 25 Division 2 — The register 49. The register 25 50. Inspection of register 26 51A. Requirement to notify recording of information on register 26 51. Certificates of registration for premises 27 52. Notification of intended change of ownership of, or interests held in, pharmacy business 27 Part 5 — Pharmacy business 53. Pharmacy business to be carried on at registered premises 28 54. Ownership of, and interests in, pharmacy business 28 55. Limit on ownership of, and interests in, pharmacy businesses 29 56. Pharmacist to have overall responsibility for pharmacy business 29 57. Supervision of pharmacy business by pharmacist 31 58. Death or bankruptcy of pharmacist etc. 31 59. Who may carry on a business that is not a pharmacy business at a registered pharmacy 32 60. Use of title "pharmacy" etc. restricted 33 Part 6 — Rules, regulations and forms 61. Rules 35 62. Regulations 35 63. Forms 36 Part 7 — Miscellaneous 64. False or misleading information 37 65. Surrender of certificate 37 66. Protection from liability 38 67. Notice of decisions to be given 38 68. Review 39 69. Publication of proceedings etc. 39 70. Legal proceedings 40 71. Liability of officers for offence by body corporate 40 72. Review of Act 41 Part 9 — Transitional and savings provisions Division 1 — Preliminary 77. Terms used 42 78. Interpretation Act 1984 not affected 43 Division 2 — The Pharmacy Registration Board of Western Australia 79. New Board is a continuation of the former Council in relation to certain matters 43 80. Members of former Council cease to hold office 44 81. Board members 44 82. The registrar and other staff 44 83. Registered pharmacies 45 84. Register 45 85. Certificates of registration issued under the repealed Act 45 86. Agreements and instruments 45 87. Annual report for part of a year 46 Division 3 — Incorporated Pharmaceutical Society 88. Incorporation of Pharmaceutical Society 46 89. Transfer of certain assets and liabilities to the incorporated Pharmaceutical Society 48 90. Agreements and instruments 49 Division 4 — Miscellaneous 91. Exemption from State taxation 50 92. Registration of documents 51 93. Saving 51 94. Powers in relation to transitional provision 51 Notes Compilation table 53 Other notes 53 Defined terms Western Australia Pharmacy Act 2010 An Act to provide for the registration of premises as pharmacies, to control such premises and pharmacy businesses, make consequential amendments to various Acts 1 and for related purposes. Part 1 — Preliminary 1. Short title This is the Pharmacy Act 2010. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Terms used (1) In this Act, unless the context otherwise requires — applicant means a person who has made an application under section 42; application means an application for registration; approved means approved by the Board in writing; Board means the Pharmacy Registration Board of Western Australia established by section 4; certificate of registration means a certificate of registration issued under section 51(1); close family member, in respect of a pharmacist, means any of the following — (a) a spouse, de facto partner, child or parent of the pharmacist; (b) another family member in a relationship with the pharmacist prescribed by the regulations for the purposes of this definition; committee means a committee established by the Board under this Act; condition includes restriction; Corporations Act means the Corporations Act 2001 (Commonwealth); dispense, in relation to a medicine or drug that is, or contains, a poison, as defined in the Medicines and Poisons Act 2014 section 3, means to supply that medicine or drug in accordance with that Act; document includes any tape, disk or other device or medium on which information is recorded or stored; friendly society means a company that is a friendly society under the Corporations Act and that — (a) provides mutual benefits to its members; and (b) is a non‑profit organisation; and (c) has a constitution that provides that the main object of the company is to carry on the business of pharmacy; member of the Board includes a person acting under section 17; officer, in relation to a body corporate, has the meaning given to "officer" of a corporation in the Corporations Act section 9 but does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate; pharmacist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession; pharmacist controlled company means a company within the meaning of the Corporations Act — (a) in which — (i) at least one director is a pharmacist; and (ii) every director is either a pharmacist or a close family member of a pharmacist who is a director; and (b) where each holder of shares, or of a beneficial or legal interest in shares, in the company is a pharmacist or a close family member of such a pharmacist; and (c) in which a pharmacist is, or pharmacists are, entitled to control the exercise of more than 50% of the voting power — (i) at meetings of the directors of the company; or (ii) attached to voting shares issued by the company; pharmacy business means a business — (a) consisting of the provision of pharmaceutical services; and (b) from which goods and services relating to the provision of pharmaceutical services may be available, other than a business carried on at premises operated by — (c) a public hospital, as defined in the Health Services Act 2016 section 6; or (d) the holder of a permit or licence under the Medicines and Poisons Act 2014 of a type prescribed by the regulations; practice of pharmacy includes to — (a) compound, dispense or otherwise supply medicines or drugs; and (b) advise or counsel on the effective and safe use of medicines or drugs; preserved company means St John of God Health Care Incorporated, an association taken to be incorporated under the Associations Incorporation Act 2015; presiding member means the presiding member of the Board referred to in section 6; proprietary interest, in respect of a pharmacy business, means a legal or beneficial interest, and includes an interest as — (a) a sole proprietor; or (b) a partner; or (c) a director, member or shareholder of a company, as defined in the Corporations Act; or (d) a trustee or beneficiary of a trust, and has a meaning affected by subsection (2); register means the register referred to in section 49; registered means registered by the Board under this Act; registered pharmacy or pharmacy means premises registered as a pharmacy under Part 4 Division 1; registrar means the person employed or engaged to be registrar under section 30; registration includes renewal of registration; supermarket means a retail store or market the primary business of which is the sale of a range of food, beverages, groceries and other domestic goods. (2) Without limiting the generality of the expression, a person will be taken to hold a proprietary interest in a pharmacy business if — (a) the person is a party to an arrangement of a kind prescribed by the regulations; or (b) the person, in the course of carrying on a business, provides a benefit to another for which the person is entitled to receive the profits or income, or a share in the profits or income, of a pharmacy business; or (c) the person has, under a franchise or other commercial arrangement, a right to receive consideration that varies according to the profits or income of a pharmacy business. [Section 3 amended: No. 13 of 2014 s. 186(2)-(4); No. 30 of 2015 s. 225; No. 11 of 2016 s. 299.] Part 2 — Pharmacy Registration Board Division 1 — The Board 4. Board established (1) A body called the Pharmacy Registration Board of Western Australia is established. (2) The Board — (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) may sue and be sued in its corporate name. (3) The Board does not represent, and is not an agent of, the Crown. 5. Membership of Board (1) The Board consists of 4 members appointed by the Minister, of whom — (a) 3 are to be pharmacists; and (b) one is to be a person who has knowledge of and experience in representing the interests of consumers. (2) Each member of the Board is to be a natural person. 6. Presiding member and deputy presiding member The presiding member and the deputy presiding member of the Board are to be elected by the Board from amongst its members. 7. Remuneration and allowances A member of the Board, or of a committee, is to be paid such remuneration and allowances (if any) as the Minister, on the recommendation of the Minister to whom the administration of the Public Sector Management Act 1994 is committed, determines from time to time. Division 2 — Functions and powers 8. Functions The functions of the Board are as follows — (a) to advise the Minister on matters to which this Act applies; (b) to administer the scheme of registration under Part 4; (c) to monitor, and enforce, compliance with this Act; (d) to perform other functions that are conferred on the Board under this Act or any other Act. 9. Powers The Board has all the powers it needs to perform its functions. 10. Delegation by Board (1) The Board may delegate any power or duty of the Board under another provision of this Act or any other Act to — (a) a member of the Board; or (b) a committee or a member of a committee; or (c) the registrar. (2) The delegation must be in writing executed by the Board. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Board to perform a function through the registrar or any other member of staff or an agent. Division 3 — Relationship of Board with Minister 11. Directions by Minister (1) Subject to subsection (2), the Minister may, after consulting with the Board, give directions in writing to the Board with respect to the performance of its functions either generally or in relation to a particular matter, and the Board is to give effect to any such direction. (2) The Minister must not under subsection (1) direct the Board with respect to the performance of its functions in respect of — (a) a particular person; or (b) a particular application or proceeding. (3) The text of a direction given under subsection (1) must be — (a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and (b) included in the annual report submitted by the Board under section 38(1). 12. Minister to have access to information (1) In this section — information means information specified, or of a description specified, by the Minister that relates to the functions of the Board. (2) The Minister is entitled — (a) to have information in the possession of the Board; and (b) if the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (2) the Minister may — (a) request the Board to furnish information to the Minister; or (b) request the Board to give the Minister access to information; or (c) for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister. (4) The Board is to comply with a request under subsection (3) and make its staff and facilities available to the Minister for the purposes of subsection (3)(c). (5) The Minister is not entitled to have information under this section in a form that — (a) discloses the identity of a person involved in a particular application or proceeding; or (b) might enable the identity of any such person to be ascertained, unless that person has consented to the disclosure. Division 4 — Committees 13. Committees (1) The Board may from time to time establish any committee. (2) The Board may — (a) determine the functions, membership and constitution; and (b) appoint such members and other persons as it thinks fit to be members; and (c) give directions with respect to the functions and procedures, of a committee established under this section. (3) A committee is to comply with a direction given to it under subsection (2)(c). (4) At the request of the Board, a committee established under this section is to report on the performance of its functions to the Board, in accordance with the Board's request. 14. Provisions relating to committees (1) Each member of a committee is to be a natural person. (2) The Board may remove a person from membership of a committee and may reconstitute or discharge a committee established by the Board. (3) A committee is to ensure that an accurate record is kept and preserved of the proceedings of each meeting of the committee and of each resolution passed by the committee. (4) Subject to this Act, a committee may determine its own procedures. (5) A person with special knowledge or experience may be invited to act in an advisory capacity to a committee if the committee is of the opinion that the person will assist the committee in the performance of its functions and the Board has approved the invitation. Division 5 — Constitution and proceedings of the Board 15. Term of office (1) Subject to section 18, a member of the Board holds office for such term, not exceeding 3 years, as is specified in the member's instrument of appointment. (2) Subject to subsection (3), a member of the Board is not to hold office for more than 9 years, consecutively or otherwise. (3) If in the opinion of the Minister there are special reasons for doing so, a person may be appointed so that he or she holds office for more than 9 years, consecutively or otherwise. 16. Functions of deputy presiding member (1) The deputy presiding member is to perform the functions of the presiding member when the presiding member is unable to do so by reason of illness, absence or other cause, or when the office of presiding member is vacant. (2) No act or omission of the deputy presiding member acting as presiding member is to be questioned on the ground that the occasion for his or her so acting had not arisen or had ceased. 17. Deputy members (1) The Minister may appoint an eligible person to be a deputy of a member and may terminate such an appointment at any time. (2) The provisions of section 5 that apply to and in relation to the appointment of a member apply, with any necessary modification, to and in relation to the appointment of the deputy of that member. (3) A deputy of a member may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause. (4) Despite anything in this Act, a deputy of a member may continue to act as a member, after the occasion for so acting has ceased, for the purpose of completing any function. (5) A deputy of a member, while acting as a member, has all the functions of and all the protection given to a member. (6) No act or omission of a person acting in place of another under this section is to be questioned on the ground that the occasion for so acting had not arisen or had ceased. 18. Vacation of office by member (1) A member of the Board may resign from office by notice in writing given to the Minister. (2) A member who resigns under subsection (1) is to give a copy of the notice of resignation to the registrar. (3) A member of the Board may be removed from office by the Minister — (a) for mental or physical disability, incompetence, neglect of duty or misconduct that impairs the performance of the member's duties; or (b) if the member is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (c) if the member is absent without leave of the Board from 3 consecutive meetings of the Board of which the member has had notice; or (d) for any other act or omission that in the opinion of the Minister may cause prejudice or injury to the Board. (4) A member of the Board must be removed from office by the Minister if the member ceases to hold a position or qualification by virtue of which the member was appointed or if, in the case of a member who is a pharmacist, the registration of the member under the Health Practitioner Regulation National Law (Western Australia) is suspended. 19. General procedure concerning meetings (1) The presiding member is to preside at all meetings of the Board at which he or she is present. (2) If both the presiding member and deputy presiding member are absent from a meeting the members present are to appoint one of their number to preside. (3) A quorum for a meeting of the Board is 3 members. (4) The procedure for convening meetings of the Board and the conduct of business at those meetings is, subject to this Act, to be as determined by the Board. 20. Voting (1) A decision of the majority of members at a meeting of the Board at which a quorum is present is the decision of the Board. (2) If the votes of members present at a meeting and voting are equally divided the member presiding at the meeting is to have a casting vote in addition to a deliberative vote. 21. Holding meetings remotely The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication. 22. Resolution without meeting A resolution in writing signed by 3 members of the Board or assented to by 3 members by letter, facsimile transmission, electronic mail or other written means has effect as if it had been passed at a meeting of the Board. 23. Minutes The Board is to ensure that an accurate record is kept and preserved of the proceedings at each meeting of the Board and of each resolution passed by the Board. Division 6 — Disclosure of interests etc. 24. Term used: member In this Division — member means a member of the Board or a member of a committee, as the case may be. 25. Disclosure of interests (1) A member who has a material personal interest in a matter being considered or about to be considered by the Board or a committee must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Board or the committee, as is relevant. Penalty: a fine of $10 000. (2) A disclosure under subsection (1) is to be recorded in the minutes of the meeting. 26. Exclusion of interested member (1) A member who has a material personal interest in a matter that is being considered by the Board or a committee — (a) must not vote, whether at a meeting or otherwise, on the matter; and (b) must not be present while the matter is being considered at a meeting. (2) In subsection (1)(a) or (b) a reference to a matter also refers to a proposed resolution under section 27 in respect of the matter, whether relating to that member or a different member. 27. Board or committee may resolve that section 26 inapplicable Section 26 does not apply if the Board or a committee has at any time passed a resolution that — (a) specifies the member, the interest and the matter; and (b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter. 28. Quorum where section 26 applies (1) Despite section 19(3), when the Board is dealing with a matter in relation to which a member of the Board is disqualified under section 26, 2 members who are entitled to vote on any motion that may be moved in relation to the matter constitute a quorum. (2) The Minister may deal with a matter to the extent that the Board cannot deal with it because of subsection (1). 29. Minister may declare sections 26 and 28 inapplicable (1) The Minister may by writing declare that section 26 or 28 does not apply in relation to a specified matter, either generally or for the purpose of dealing with particular proposed resolutions. (2) The Minister is to, within 14 sitting days after a declaration under subsection (1) is made, cause a copy of the declaration to be laid before each House of Parliament. Division 7 — Registrar and other staff 30. Registrar (1) The Board is to employ or engage a person to be the registrar. (2) The registrar has the functions that are conferred under this Act or that the Board directs the registrar to perform. (3) The registrar may delegate to a person employed or engaged by the Board any power or duty of the registrar under another provision of this Act. (4) The delegation must be in writing executed by the registrar. (5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (6) A delegate exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. 31. Other staff The Board may employ or engage persons to provide such professional, technical or other assistance that the Board considers necessary to enable it to perform its functions. Division 8 — General 32. Duty not to make improper use of information A member or former member of the Board or a member or former member of a committee must not, whether within or outside the State, make improper use of information acquired by virtue of that position to gain, directly or indirectly, an advantage for himself or herself or for any other person. Penalty: a fine of $5 000. 33. Meetings and minutes of meetings (1) Subject to this section, every meeting of the Board is to be open to members of the public. (2) Despite subsection (1), the Board may of its own initiative order that in any particular case a meeting, or part of a meeting, of the Board is to be closed. (3) The minutes of a meeting of the Board are to be open for inspection at its principal place of business by members of the public during normal office hours without fee, other than minutes relating to — (a) a matter determined to be confidential under subsection (5); or (b) a meeting, or part of a meeting, that the Board ordered be closed under subsection (2). (4) A person may, on payment of the fee prescribed by the regulations, if any, obtain a copy of any minutes of the Board available for inspection under subsection (3). (5) The Board may determine that a matter is confidential if it considers that its disclosure is likely to infringe the reasonable privacy of any person. 34. Execution of documents by Board (1) The Board is to have a common seal. (2) A document is duly executed by the Board, if — (a) the common seal of the Board is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Board by a person or persons authorised by the Board to do so under subsection (5). (3) The common seal of the Board is not to be affixed to any document except as authorised by the Board. (4) The common seal of the Board is to be affixed to a document in the presence of 2 members of the Board and each of them is to sign the document to attest that the common seal was so affixed. (5) The Board may, by writing under its seal, authorise — (a) a member or members of the Board; or (b) a member or members of staff, to sign documents on behalf of the Board, either generally or subject to such conditions as are specified in the authorisation. (6) A document executed under this section without the common seal of the Board is not to be regarded as being a document under seal. (7) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (8) When a document is produced bearing a seal purporting to be the common seal of the Board, it is to be presumed that the seal is the common seal of the Board until the contrary is shown. Part 3 — Finance and reports 35. Funds of the Board (1) The funds of the Board consist of — (a) fees received by the Board; and (b) grants (if any) by the State, and all gifts and donations made to the Board, but subject to any trusts declared in relation to the grants, gifts or donations; and (c) other money or property lawfully received by the Board in connection with the performance of its functions. (2) The funds of the Board may be applied — (a) for the purposes of the administration and enforcement of this Act, including the remuneration of members of the Board and committees and of the registrar and other persons employed or engaged by the Board; and (b) for any other purpose that the Board may recommend and the Minister may approve to enable the Board to perform its functions. 36. Accounts (1) The Board is to cause to be kept proper accounts and records of the transactions and affairs of the Board and is to prepare financial statements in accordance with Australian Accounting Standards. (2) The financial statements are to be prepared on an accrual basis unless the Board determines otherwise. 37. Audit The accounts and financial statements of the Board are to be audited at least once a year, at the expense of the Board, by a registered company auditor (as defined in paragraph (a) of the definition of that term in the Corporations Act section 9) appointed by the Board with the prior approval of the Minister. 38. Annual report and other reports (1) The Board, not later than 31 December in each year, is to make and submit to the Minister an annual report of its proceedings for the preceding year ending on 30 June together with a copy of its financial statements for that year and the auditor's report on those statements. (2) The Board's annual report must include details of — (a) the number of applications for the registration of pharmacies; and (b) the number of applications for the registration of pharmacies granted and refused; and (c) the number of pharmacies owned by individuals, bodies corporate and friendly societies, respectively; and (d) any trends or special problems that may have emerged; and (e) forecasts of the workload of the Board in the year after the year to which the report relates; and (f) any proposals for improving the operation of the Board. (3) The Minister is to cause a copy of the Board's annual report and financial statements and of the auditor's report submitted under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after receipt of the report by the Minister. (4) The Board is to ensure that after subsection (3) has been complied with copies of the reports and statements referred to in that subsection are available on request for inspection at its principal place of business. Part 4 — Registration Division 1 — Registration of pharmacies 39. Registration of premises as pharmacies (1) Unless section 43 applies, the Board is to grant an application made under section 42 for the registration of premises as a pharmacy. (2) Premises registered under this Division are to be registered in the name of the applicant. 40. Who may apply for registration The following persons may apply to the Board for the premises at which a pharmacy business is, or is to be, established or carried on to be registered as a pharmacy in the name of that person — (a) a pharmacist or friendly society who — (i) owns, or holds a proprietary interest in, the pharmacy business; or (ii) intends to own, or acquire a proprietary interest in, the pharmacy business; (b) subject to section 41, the preserved company. 41. Preserved company to carry on pharmacy business only at certain premises The preserved company may not carry on a pharmacy business at any premises other than premises at the place where it was carrying on that business immediately before the Pharmacy Act 1964 was repealed. 42. Application for registration (1) An application for the registration of premises under this Division must be — (a) made in writing; and (b) made in an approved manner and form; and (c) accompanied by the application fee, if any, prescribed by the regulations; and (d) accompanied by such information as is required by the regulations. (2) The Board may request that an applicant provide to the Board such further information as the Board reasonably requires to decide the application. (3) The Board may request that an applicant — (a) attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application; or (b) agree with the Board as to a mutually convenient time for the inspection of the premises to ensure that the premises meet the requirements prescribed by the regulations for the minimum standards of fitness for the competent and safe practice of pharmacy. (4) A request under subsection (2) or (3) is to — (a) be in writing; and (b) be given to the applicant; and (c) specify, if relevant — (i) the time within which the information must be provided; or (ii) the time and place the person is to attend before the Board. (5) Information requested under subsection (2) must be provided — (a) in writing; and (b) within the time specified in the request. (6) Information provided under this section must, if the Board so requires, be verified by statutory declaration or supported by other evidence required by the Board. 43. Grounds for refusal The Board must refuse to grant an application for the registration of premises under this Division if — (a) the Board is not satisfied that the premises meet the requirements prescribed by the regulations for the minimum standards of fitness for the competent and safe practice of pharmacy; or (b) the application contains or is accompanied by information that is false or misleading in a material particular; or (c) the applicant has not complied with a request made under section 42(2) or (3); or (d) where the applicant is a person referred to in section 40(a), section 55 would be breached if a pharmacy business was carried on at the premises by the applicant; or (e) the Board is satisfied that the premises are — (i) located wholly or partly within a supermarket; or (ii) capable of being entered from a supermarket; or (iii) capable of being used to gain entry to a supermarket; or (f) where the applicant