Australian Community Pharmacy Authority Applicant's Handbook
1. General requirements for all applications
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Every application for approval, whether it is for the establishment of a new approval or the relocation of an existing approval, must meet each of these general requirements.
1.1 Identify particular premises
It is important to ensure that the proposed premises are described accurately and clearly. The description should include full details of specific street names, numbers and suburbs as well as any relevant shop, floor, suite or lot numbers.An application must include a floor plan of the proposed premises. This is a mandatory requirement in order for an application to be considered valid.
1.2 Legal right to occupy proposed premises
The application must include evidence which demonstrates that the applicant has a legal right to occupy the proposed premises at the time the application is lodged. This is a mandatory requirement in order for an application to be considered valid.If the proposed premises are owned or being bought by the applicant, the application should include a copy of the title deed and/or relevant sale contract.
If the proposed premises are being leased by the applicant, the application should include a copy of the fully signed lease. Alternatively, other evidence may be sufficient provided that it demonstrates that agreement has been reached between the lessee and lessor on the terms and conditions of the lease, signed by both parties.
In the case of a sub-lease, it will be necessary to provide information about the head lease or confirmation that the sub-lease is permitted under the terms and conditions of the head lease.
If the applicant is leasing or buying the proposed premises in the name of a company, evidence linking the applicant to that company should also be provided (for example, a copy of an Australian Securities & Investments Commission record that indicates the applicant is a director of that company). If the applicant is leasing or buying the proposed premises in the name of a company, and there are other directors of that company who are not party to the application, evidence should be provided demonstrating that the other directors support the application (i.e. that they agree to the applicant using the company in this manner).
If more than one pharmacist is making the application, please ensure that the evidence covers every applicant (e.g. that each applicant is a lessee).
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1.3 Use of proposed premises as a pharmacy
The application must include evidence which demonstrates that the proposed premises can be used for the purpose of operating a pharmacy which is accessible by members of the public at large. That is, that the relevant government authority (usually the local council) permits a pharmacy to operate at the proposed premises. This is a mandatory requirement in order for an application to be considered valid.The level of evidence required will vary depending on the location of the proposed premises. Some examples are provided below:
- if the proposed premises have previously been used as a shop, an application should include evidence that the permitted use of the premises includes a pharmacy; or
- if the existing usage of the proposed premises does not permit use as a pharmacy, an application should include evidence that a variation or change to this usage has been approved; or
- if the proposed premises are part of a new shopping centre development, an application should include evidence that the relevant government authority has approved the site for a mix of retail shops and services that includes a pharmacy.
1.4 Applicant will be ready to trade in six months
An application must demonstrate that the applicant will be ready to begin operating a pharmacy at the proposed premises within six months of the date the ACPA makes its recommendation.One of the key objectives of approving a pharmacist to supply pharmaceutical benefits is to provide the community with access to pharmaceutical benefits. Applications that are made prematurely, that is, far in advance of the pharmacy being ready to trade, result in delays for the community in accessing their medicines.
This requirement aims to ensure that applications are not made prematurely.
Evidence addressing this requirement might include plans that have already been approved by the relevant local council, a building or fit-out schedule that indicates works will be completed by a certain date, or photographs demonstrating that the proposed premises are already established and need little work in order to be made ready.
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1.5 No direct public access from a supermarket
An application must demonstrate that the proposed premises are not directly accessible by the public from within a supermarket.The pharmacy location rules define a "supermarket" as a retail store or market that, as its primary business, sells a range of food, beverages, groceries and other domestic goods. It is intended that this means the type of business to which a person could go to obtain their regular grocery needs, that is, the family shopping.
A simple way to address this requirement is to provide a plan of the proposed premises which indicates the public access points to the proposed pharmacy and includes those of any adjacent or adjoining shops. If there is any shop adjoining the proposed premises, information should be included about its type.
