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Is it still a public place even if no one is around?

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?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 30-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Public Order
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

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.

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