A High Court judge has dismissed parts of an action brought by a Killarney jarvey company against Kerry County Council over securing new licences to such operators.
The action was brought by Killarney Jaunting Cars Ltd who claimed Kerry Co Council’s had failed to deal with its request to either issue new licenses, or re-issue expired ones, allowing for the operation horse drawn carriages in and around the town. Killarney Jaunting Cars Ltd claimed there was an extra demand for jarvey services around the town in recent years and in 2012 it asked Killarney Town Council about obtaining extra licences. In judicial review proceedings the company sought orders including one that the council determine annually the number of licences for horse drawn hackney carriages in accordance with the law. It claimed by failing to deal with its applications the local authority breached its duties and has acted unlawfully and sought damages. The Council opposed the action and denying any wrongdoing saying that only so many jaunting cars could be accommodated in Killarney. In his judgment Mr Justice Max Barrett dismissed parts of the company’s action. He said there was “no evidence before the court” of any breach of natural and constitutional justice by the Council, nor was there anything to suggest the council had ever acted outside its powers. The Judge also urged the parties to “pay careful heed” that it appeared from the evidence the company and some other jarveys are not in possession of a current licence as required under bye-laws. This being the case judge said he was not giving judgment at this time on certain issues including whether previous licences has automatically reverted to the council and whether the Council may or must re-issue the reverted licences. The Judge put the matter back to a date in November to allow the sides consider his decision.