The High Court declined to grant most of the relief sought by Killarney Jaunting Cars Limited in its challenge to the way jaunting-car licences were set in Killarney. It left unresolved whether the company’s former licences had reverted to Kerry County Council and whether the council could or had to reissue them.
Mr Justice Max Barrett said the court had heard arguments on the reverted-licence issue but would not decide it at this stage. Either side may ask the court to return to that question. The judge encouraged the company and other affected operators to hold current licences, noting that the bye-laws contemplate a licence for each jaunting-car.
The company sought declarations that the council had breached its duties under the 2010 bye-laws, as well as orders requiring it to determine licence numbers for 2014 and reissue licences that had ceased to be held. The court did not adjudicate on the reissue-related reliefs. It also did not address the company’s claims based on legitimate expectations, which the judgment says were not argued and appeared to have been abandoned.
The court found no evidence of a breach of natural or constitutional justice. It said the company had met council officials in 2012 and that the request for additional licences was raised with elected Town Council members. The judge also said there was no evidence that either council had acted outside its powers on the matters before the court.
The bye-laws required an annual determination of the number of licences. The Town Council did not make one for 2014. Kerry County Council’s executive decided on 25 August 2015 to keep the existing number at 37, following an engineering recommendation referring to limits at the town’s jarvey stand and traffic concerns. The judge said the 2015 decision was prospective in effect and that the council could revisit it or make a further determination for 2016. He considered a court order to do so unnecessary, given the time remaining in 2015.
The judgment concludes that the court declined to grant the reliefs it was prepared to decide at that time. It granted either or both parties leave to return for a decision on the matters left open. The council had commissioned a traffic-management study for Killarney; the judge said its findings could inform future decisions about whether operators seeking to expand could be accommodated.