This is a matter of fact to be determined by the court. The following have been held to be "public places":
- The car park of a pub; Vannet v Burns (1988)
- A hotel driveway; Dunn v Keane (1976)
- A multi-storey NCP car park; Bowman v DPP (1991)
- A hospital car park; DPP v Greenwood (1997)
- The car park of a car dealership; May v DPP (2005)
- A field used for point-to-point racing; Collinson (1931)
- A field used for parking at an agricultural show; Paterson v Ogilvey (1957)
- A privately owned caravan site; DPP v Vivier (1991)
- Freight immigration lanes at a dockyard; DPP v Coulman (1993)
- A school playground; Rodger v Normand (1994)
The following have been held not to be "public places":
- Privately owned land next to a private club; Pugh v Knipe (1972)
- A community centre car park; Havell v DPP (1993)
- A company car park used by staff and customers; Spence (1999)
- An internal roadway at a University campus; Cowan v DPP (2013)