If the hit 2000’s sitcom ‘How I Met Your Mother’ was able to teach us anything, it’s that nothing good happens after 2am.
Drinking too many “bubbles” on New Year’s Eve and then venturing out in public is getting increasingly risky.
Combine that with buying and letting of your own black-market fireworks and you will be in deep trouble.
On New Year’s Eve in 2023, NSW Police recorded 19 alcohol-related arrests in Sydney.
Drinking in alcohol-free zones and alcohol-prohibited areas is illegal.
If you do so and get caught with a drink in your hand, police can seize the liquor.
Failure to comply with a police direction you could be fined up to $2,200 for obstruction.
“Police also have wide ranging powers to detain and arrest people for public behaviour under the Law Enforcement (Powers and Responsibilities) Act 2002,” lawyer Mathew Nott said.
“Police may give move-on directions to intoxicated persons in a public place if they believe on reasonable grounds that the behaviour resulting from intoxication is likely to cause injury, damage or risk public safety or the behaviour is disorderly.
“A move-on direction forces an intoxicated person to leave a specified area and not return for a period of up to six hours.”
To be classified as ‘intoxicated’, speech, balance, coordination or behaviour must be noticeably affected and there must be reason to believe it is a result of consuming alcohol or drugs.
Further, police also have the power to detain intoxicated individuals.
That is if they are in a public place, require physical protection and because their behaviour is likely to cause injury or damage to property.
The law outlines a list of rights of detained intoxicated persons in authorised places of detention.
For example, the detained person must be allowed to contact a responsible person, be released once the intoxication wears off, and not be detained in a cell unless necessary.
There are serious penalties that accompany illegal fireworks.
It is illegal to buy, possess or discharge fireworks in NSW without a pyrotechnician or single-use licence.
Additionally, SafeWork NSW must be notified of all firework displays.
A maximum on-the-spot fine of $2000 can be issued for the use of illegal fireworks without a licence.
Displaying fireworks without a licence warrants penalties of up to $27,500.
Over the years there have been many firework-related incidents resulting in serious injuries.
A recent incident in Melbourne a woman suffered a serious eye when hit in the face by illegal fireworks.
SafeWork NSW is working overtime to relay the crucial message that illegal fireworks are not safe.
The Head of SafeWork NSW, Trent Curtin, stated: “Fireworks are not to be treated as a toy. Last year [2022] we saw nine people, including several children, in need of treatment from emergency services.”
In the event you have trouble in the festive season contact: Nott and Co Lawyers – www.nottandcolawyers.com.au.
