THE DECISION to open a new chemist at the Gemini Retail Park is to be determined by a High Court judge.

Boots has been granted permission to open a new pharmacy on the park, but the owners of a nearby rival chemist want to the decision over-turned.

Mr Justice Turner must now decide whether the appeal by E. Moss Ltd, which owns the Westbrook Shopping Centre pharmacy, is valid.

Moss claims that the area is already well served by its own outlet, and that it would be detrimental to its business if Boots was granted permission.

Counsel for Moss's, Rabinder Singh, said that the key issue was whether there was 'a need' for another chemist.

"It may well be that shoppers at Gemini would like the opportunity to have a pharmacy there because they happen to have an NHS prescription, but that in my submission is not enough. The target is to achieve adequacy of provision," he said.

Boots had an original application turned down in 1995 because the retail park was said to have no residential population to serve, but the decision was reversed in 1996.

Judith Beale, representing Boots, said that the purpose of NHS guidelines was not to restrict competition but to stop duplication of provision.

She said: "I submit that the regulations are not intended to stop there being any pharmacy at all when there is a reasonable requirement for one."

Mr Justice Turner reserved judgement following the two day hearing, and his decision is expected shortly.

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