Pharmacy Law

An overview of our specialist solicitor services in Pharmacy law

We have a busy pharmacy team advising pharmacies on acquisitions and disposals and commercial aspects of their pharmacy businesses. We act for independent pharmacists, multiples and chains. We deal with all the lenders, wholesalers, advisers and agents in the sector. We have  noticed that since the introduction of Category M that times are harder for retail pharmacists. There has been a drive by pharmacists towards newer income streams and cost reduction.

We can deal with:

  • Share sales
  • Asset sales and TUPE employee guidance and consultation advice on the transfer of employees
  • Pharmacies into Medical Centres
  • Buying and selling pre-trading NHS Pharmacy Consents
  • Management Agreements
  • employee issues and disputes
  • Locum Agreements
  • Intellectual Property (trademarks and disputes)
  • Commercial property matters including pharmacy leases and freehold options
  • Dealing with your Landlord
  • Refinancing
  • FP34 Issues
  • PNAs
  • We can help with wholesale pharmacy
  • Regulatory Matters (market entry, GPhC investigations and Fitness to Practise hearings)
  • Succession Planning
  • NHS Contract
  • Shareholder Agreements and Cross Options dealing with life policies
  • CQC issues

We write articles in the Pharmacist, the Pharmacy Journal’s Retail Roundup and are waiting to be put on the National Pharmacy Association (NPA) preferred suppliers list.

Pharmacy

We are also members of the Association of Independent Multiple Pharmacies

AIM

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Pharmacy Law FAQs

What do I need to know about Share Sales of Pharmacies?

• can only be for pharmacies operated by companies
• A buyer inherits all liabilities including any tax hence the need for thorough enquiry (by us and your accountant) or ‘Due Diligence’ and the negotiation of Warranties to protect the buyer
• The property and any lease will remain with the company so the landlord consent for assignment is not needed normally! Nor an EPC or Energy Performance Certificate
• TUPE does not apply –so no legal duty to consult with the employees prior to completion of the sale
• Tends to be more tax effective for the Seller(s)
• Do not to forget to notify NHS England re change of directors

How renewable are my leases?

See our top tip re the fact ‘renewable’ leases under the Landlord and Tenant Act 1954 may not in practice be so renewable!

How long should I have under a renewable lease?

You and your lender want at least 10 years under a renewable lease- consider the business plan and the time it will take for repayment of your commercial loan

Should I have the ability to share other parts of the premises?

The ability to share other parts of the premises with other (healthcare) professionals may aid footfall and help pay towards rent-the negotiation of a clause allowing these 3rd parties to share under a licence and without going through an expensive subletting procedure

What should I include in my alteration clause?

Ensure any alteration clause allows room for coping with likely change under legislation- any substantial changes may require that the local GPhC inspector be consulted re the need for new registration and for that matter building regulation approval and or planning permission may be required

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