Prospective tour guide succeeds in appeal for licence

A PROSPECTIVE tour guide whose application for a PSV licence that would allow him drive tourists around was declined due to a number of previous road traffic offences in his past successfully appealed the decision this week.

Brendan Murphy (44), Muckross, Killarney, brought his appeal before Judge James O’Connor at Listowel District Court on Thursday.

Chief Superintendent Tom Myers said the licence was refused after a background check on Mr Murphy – who had claimed to have had no previous convictions when applying for the PSV licence – revealed a number of previous road traffic offences.

The licence could therefore not be granted as the application for it had carried false information.

But in the course of his appeal Mr Murphy told Judge James O’Connor that he had not fully understood the questions that arose in the application.

The court also heard that Mr Murphy is currently in some financial difficulty, but had successfully completed a highly-sought after course in tour guiding in Tralee that would allow him to completely turn his fortunes around providing he could secure the licence. The misunderstanding arose with a public official as he was completing the form.

“I knew I had previous convictions for speeding but when I asked ‘what does that mean?’ he said ‘have you ever been arrested?’ I have never been arrested, but I should have spent more time thinking about the question... I really didn’t mean to mislead the superintendent,” Mr Murphy said.

“If I got the licence I would hopefully be starting work by Saturday. I could start paying my bills again.” Solicitor Pat Enright asked if it wasn’t to occur?

“I would probably lose my home, in fact that’s a certainty,” he replied.

Judge O’Connor said his main consideration was for the safety of the public but, finding the previous road traffic issues were historic and relatively minor allowed the appeal saying ‘there’s no court can deprive a man of his livelihood’.

Judge O’Connor also remarked that Mr Murphy should do well in the business of guiding tourists : “You’re a good talker, that is for sure.”