The legality of the provision of courtesy cars to paying guests by hotels may ultimately have to be addressed in the High Court according to a district court judge.
The comments were made by Judge Colm Roberts at Midleton District Court where he convicted Xiu Lan Hotels Ltd. operator of the Fota Island Resort in County Cork of operating a courtesy car where the driver did not have a licence to drive a small public service vehicle.
The prosecution was brought by the National Transport Authority under Section 46 of the Taxi Regulation Act 2013 in relation to a courtesy car from the Fota Island Resort that was stopped at Killahora, Glounthane County Cork.
Brian Hallissey, defence barrister for the hotel said that the practice of providing courtesy cars was common throughout the country and that this decision would ultimately impact hotels across Ireland.
He said that his client’s business was well run and proper in all respects an that there was no suggestion of underhand dealings of any sort.
Judge Roberts said that he sympathised with the hotel and agreed that the conviction would have far reaching implications. He said: “I do have sympathy for the hotel and their employees, they were acting on advice. I also accept that the NTA had to take the case and I have to convict. Ultimately this may have to go to the High Court to be clarified, I do understand this has national consequences.”
Judge Roberts convicted Xiu Lan Hotels Ltd. and fined them €500 and also ordered a €1,000 contribution towards the prosecution legal fees.
He fixed recognisance for an appeal on the defendants own bond of €1,000.
