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Dispute over issuing of jarvey licences opens at High Court



A dispute over the issuing of jarvey licences in Killarney has opened at the High Court.

Killarney Jaunting Cars Ltd (KJC) has sued over the local council’s alleged failure to deal with its request to either issue new licenses, or re-issue expired ones, allowing for the operation of horse-drawn carriages in and around Killarney.

The company holds eight of the 37 licences issued by Killarney town council.

It is an offence under local bye-laws to operate a horse drawn carriage service without a licence. A licence is also required for jarveys seeking a permit from the National Parks and Wildlife Service to bring passengers into Killarney National Park.

KJC, the court was told, gets most of its business from tour operators, local hotels and internet bookings, and says there has been an extra demand for jarvey services in Killarney in recent years.

To satisfy the demand, the company says it asked Killarney Town Council, whose functions have since been taken over by Kerry County Council, about obtaining extra licences. Its requests have not been dealt with, it claims.

That alleged failure is unlawful and in breach of duty, it is claimed.

The company wants High Court orders requiring the council to annually determine the number of licences for horse drawn hackney carriages in accordance with law and the company’s legitimate expectation.

The council is opposing the action and has urged the court to dismiss the case. It denies any wrongdoing or breaching any rights or legitimate expectation of the company.

Any order requiring it to issue fresh licences runs contrary to the common good, it argues.

Opening the case for the company, David Sutton SC, with Thomas Rice BL, said KJC had made inquiries about getting additional licences in 2012 and made applications in 2013 which were met “with silence”. The company also made representations in 2014 concerning additional licences but again nothing was done.

For the year 2015, the council informed the company it had decided some weeks ago not to issue any additional licences when the tourist season was over, Mr Sutton said.

In failing to make a determination on KJC’s application, the local authority had failed in its duty, counsel argued.

KJC wants to expand its business to deal with the increased tourist numbers visiting Killarney so it can thrive and survive but has been unable to do so, he said.

Had its licences application been refused, or if KJC had to enter a lottery for any additional licences, “so be it” but the council simply did not dead with the request as it had a duty to do.

The hearing before Mr Justice Max Barrett continues.

source: http://www.irishtimes.com/news/crime-an ... -1.2384432

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