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Part 3Provisions relating to licences

51Grant of licences

  1. Subject to subsection (2) and to sections 52, 55A, and 55B, on receiving an application, the licensing authority shall issue a licence, in accordance with regulations made under this Act, to the applicant if he is satisfied in respect of all the following matters:

  2. that the requirements of section 50 have been complied with:
    1. that, in the case of an application made by a natural person on his own behalf, the applicant is a fit and proper person to hold the licence applied for, or, in the case of an application made on behalf of a body corporate, the applicant (body corporate) is of good repute:
      1. that the applicant is not subject to any disqualification under section 83:
        1. that, in the case of an application made by a natural person on his own behalf, the applicant, or, in the case of an application made on behalf of a body corporate, every person proposed to be a responsible person for the purposes of the licence applied for, has a sufficient knowledge of the obligations of a licensee and of the hazards associated with the medicines in which it is proposed to deal:
          1. that the premises and equipment that the applicant proposes to use are suitable and adequate for the purposes for which the licence is sought:
            1. that adequate arrangements have been made or are to be made for the making, maintaining, and safekeeping of adequate records in respect of medicines that are manufactured, stored, packed, labelled, or sold in pursuance of the licence or, in the case of an application for a licence to operate a pharmacy, in respect of medicines that are manufactured, stored, packed, labelled, or sold on the premises or in any other place for which the licence to operate is sought.

              1. In determining, under subsection (1)(b), whether an applicant is a fit and proper person or of good repute (as the case requires), the licensing authority may take into account, among other things,—

              2. any conviction of the applicant for—
                1. an offence under this Act, or regulations made under it; or
                  1. an offence under the Misuse of Drugs Act 1975, or regulations made under it; or
                    1. a crime involving dishonesty (within the meaning of section 2(1) of the Crimes Act 1961); and
                    2. any determination of a professional conduct committee.

                      1. Except as may be permitted by regulations made under this Act, the licensing authority shall not issue a licence to sell medicines by retail in respect of any premises other than a shop that is open to the public and is situated at least 10 kilometres by the most practicable route from a pharmacy in respect of which a licence to operate has been, or is deemed to have been, issued.

                      2. The licensing authority shall not decline an application for a licence under this section without first giving the applicant a reasonable opportunity to be heard.

                      3. A licence—

                      4. must be in the prescribed form; and
                        1. is subject to—
                          1. any conditions that the licensing authority thinks fit; and
                            1. any conditions specified in regulations.

                            2. The licensing authority may, by written notice to the holder of a licence, revoke or amend any condition imposed under subsection (4)(b)(i) or add any new condition.

                            3. A licence to sell a medicine may be combined with a licence to pack that medicine.

                            4. If in any case the licensing authority is satisfied that the holder of a licence has failed or is failing to comply with any conditions attached to the licence, the licensing authority may cancel the licence.

                            5. The licensing authority may not cancel a licence under subsection (6) unless the holder has been given a reasonable opportunity to be heard, or to make written submissions, in relation to the matter.

                            6. The licensing authority may suspend a licence for a reasonable period to enable the licensing authority to consider whether to cancel the licence under subsection (6).

                            7. If the licensing authority is satisfied that the holder of a licence to operate a pharmacy has failed to comply with any conditions affecting the licence, the licensing authority may, instead of or as well as exercising the powers conferred by subsection (4A) or (6),—

                            8. impose on the holder of the licence a penalty not exceeding $40,000:
                              1. forbid the licence holder or any person with an interest in the pharmacy from holding any interest in or operating a pharmacy for a period, not exceeding 5 years, specified by the licensing authority.

                                1. A penalty imposed under subsection (6A) may be recovered in a court of competent jurisdiction as a debt due to the licensing authority.

                                2. If the licensing authority refuses to issue a licence, or attaches conditions to a licence, or cancels a licence under this section or under section 55A, and the applicant for the licence or the licensee requests him to give his reasons for such refusal, or for the attachment of such conditions, or for the cancellation of the licence, the licensing authority shall state his reasons in writing to that person accordingly.

                                3. In this section, professional conduct committee means a committee appointed under section 71 of the Health Practitioners Competence Assurance Act 2003.

                                Compare
                                • 1960 No 97 s 16
                                • 1979 No 27 s 36
                                Notes
                                • Section 51(1): amended, on , by section 14(1) of the Medicines Amendment Act 2003 (2003 No 50).
                                • Section 51(1)(f): amended, on , by section 14(2) of the Medicines Amendment Act 2003 (2003 No 50).
                                • Section 51(1A): inserted, on , by section 28(1) of the Medicines Amendment Act 2013 (2013 No 141).
                                • Section 51(2): amended, on , by section 14(3) of the Medicines Amendment Act 2003 (2003 No 50).
                                • Section 51(4): replaced, on , by section 28(2) of the Medicines Amendment Act 2013 (2013 No 141).
                                • Section 51(4A): inserted, on , by section 28(2) of the Medicines Amendment Act 2013 (2013 No 141).
                                • Section 51(6): replaced, on , by section 28(3) of the Medicines Amendment Act 2013 (2013 No 141).
                                • Section 51(6AA): inserted, on , by section 28(3) of the Medicines Amendment Act 2013 (2013 No 141).
                                • Section 51(6AAB): inserted, on , by section 28(3) of the Medicines Amendment Act 2013 (2013 No 141).
                                • Section 51(6A): inserted, on , by section 14(4) of the Medicines Amendment Act 2003 (2003 No 50).
                                • Section 51(6A): amended, on , by section 28(4) of the Medicines Amendment Act 2013 (2013 No 141).
                                • Section 51(6B): inserted, on , by section 14(4) of the Medicines Amendment Act 2003 (2003 No 50).
                                • Section 51(7): amended, on , by section 14(5) of the Medicines Amendment Act 2003 (2003 No 50).
                                • Section 51(8): inserted, on , by section 28(5) of the Medicines Amendment Act 2013 (2013 No 141).