An Auchterarder pharmacy has failed in its High Court bid to prevent a second dispensary opening in the town.
The bitter legal wrangle between Lloyds Pharmacy, Davidson’s Chemists and the NHS reached the courts last year after months of debates and appeals.
Lloyds has been determined to block its rival from setting up on Auchterarder High Street, despite permission being granted by the NHS Tayside pharmacy practices committee.
Davidsons said there is desperate need for a new chemist to complement the sole existing Lloyds, also on the High Street.
Permission was first granted in 2009 and as the dispute escalated, Tayside Health Board carried out a public consultation to which 414 people responded, with an astonishing 413 favouring having more choice. They included the local doctors’ surgery, St Margaret’s Health Centre, politicians and Auchterarder and District Community Council.
In his judicial review, Lord Brodie backed the NHS Tayside decision, which had already been backed by the National Appeals Panel. In doing so, he pointed out that body’s finding that “it was clear that there was significant concern among respondents regarding waiting times for prescriptions, stock availability and errors.”
It continued: “While the panel recognised the efforts made by Lloyds Auchterarder to address these issues for example in extending its opening hours and reorganising its premises the panel concluded, in its expert opinion, that the current provisions of pharmaceutical services to the population of the neighbourhood was inadequate.
“In particular the panel found that the high volume of prescriptions being handled by Lloyds Auchterarder has resulted in unacceptable waiting times.”
Auchterarder and District Community Council chairman Ewan Mackintosh said: “The understanding I have of the community’s opinion is they felt they deserved an alternative. I think the community will be, in general, quite happy with the decision.”