Part of jarvey licence case dismissed
Killarney Jaunting Cars Ltd claimed Kerry County Council had failed to deal with its request to either issue new licenses, or re-issue expired ones.
The company, which gets most of its business from tour operators, local hotels and internet bookings, claimed there was an extra demand for jarvey services around Killarney in recent years and said it asked Killarney Town Council in 2012 about obtaining extra licences. Its request had not been decided, it claimed.
Jarveys are required to hold such licences, issued by the local authority under certain bylaws.
The licences had been issued by Killarney Town Council. Its functions have since been taken over by Kerry County Council.
In judicial review proceedings, the company alleged there was an unlawful failure to deal with its applications. The council denied the claims and argued there was a limit to the number of jaunting cars that can be accommodated in Killarney.
It also cited existing traffic levels in the town as a reason for limiting the number of licences to 37.
Mr Justice Max Barrett said he found no evidence before the court of any breach of natural and constitutional justice and nothing to suggest the council had acted outside its powers.
It appeared from the evidence the company and some other jarveys are not in possession of a current licence and the parties should “pay careful heed” to that, he also said.
The judge has adjourned the matter to next month to allow the sides consider his decision.
