The case, relating to Blackbay Ventures Ltd, concerned whether or not regulations allowed for those that operate both as registered pharmacies and licensed wholesale dealers to obtain medicinal products from pharmacies which do not hold a licence.
The judge ruled that it is unlawful for the holder of a wholesale dealer’s licence to obtain supplies from a person who does not have a licence to distribute medicinal products. He also said that it is no defence for the holder of the wholesale dealer’s licence to claim he was acting as a pharmacy when he obtained the products from a person who does not have a licence to distribute.
The core of the judgment is that in order to comply with legislation holders of wholesale dealer’s licences (even if they also operate as a pharmacy) must only obtain medicines from another wholesale dealer licence holder or from a licensed manufacturer.
