I live near a park and there are sometimes people sitting drinking in the park. I hear them making a lot of noise from my flat. It is late at night and nobody else is around. Is it still a public place if the park is empty?
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Answer by Jo Wilson, Macleod 3085 VIC
- The relevant laws in your area will define exactly what public place means.
- Generally for a public place there is no requirement that people are nearby or can see what you are doing.
- The most important thing is to look at the definition in the relevant law as this will tell you exactly what a public place means where you live.
- Parks are usually defined as a public place. It is very likely that these people are committing a public order offence by drinking in a park. It does not matter that the park is empty.