Private party got me in trouble

We threw a lavish baptism for our baby last weekend at our residence on the outskirts of town. After weeks of planning and a hefty bill we could barely afford, the party was in full swing with music, food stalls, a hired band and about 150 guests. Midway through the speeches, a group of local government officers arrived, announced that the event was unlawful, ordered the music to be stopped, and told everyone to leave. They stated that the venue lacked the required permits and that the catering and sound equipment were operating outside permitted hours. They photographed the scene, confiscated some equipment, issued a notice and a fine, and posted about the incident on the local council’s social media, warning that even private parties require permits and that citizens should ensure they obtain them from the local government. We were embarrassed. Our guests dispersed in shock, leaving the family with unpaid suppliers and a ruined celebration. We have growing worries that the officers had overstepped their powers. Pls guide.

MJ, Coastal Region

Sorry about your party. When it comes to private parties, the law largely depends on the local bylaws that apply to the event’s location. Under Local Government (Urban Authorities) Act, Cap. 287 [R.E. 2023], and the Local Government (District Authorities) Act, Cap. 287 [R.E 2023], local councils and municipal authorities are generally empowered to make and enforce bylaws regulating matters such as large gatherings, amplified sound, hours of operation, food vending and temporary commercial activity. Those bylaws can require permits for events above a specific size, set noise or curfew limits, and provide for fines or other sanctions where the rules are breached. If a bylaw required a permit for a private event of that scale and you or the venue did not obtain it, the council may lawfully fine you or order you to stop the event.

However, whether the officers acted lawfully depends on both the procedures followed and the actual conduct. Right away, gather and safeguard all relevant documents, such as the written notice or citation you received, the names and agency details of the officer’s present, photos or videos of what happened, contracts and receipts from the vendors and suppliers. These records are crucial whether you decide to challenge the action against the officials. Next, review the notice to identify which specific law or regulation is cited and to understand the legal basis for the closure. Check your contracts with the venue and suppliers to see who was responsible for permits, sometimes they assume that duty and may be liable for costs. If the notice from the council is unclear, or if officers took equipment without proper authority, you might have grounds to challenge their actions. If equipment was seized, request an inventory list and written reasons, and try to get it returned through the council’s internal process or Courts, although this may be costly. Also, check the amount of fine imposed, as there is a limit to this.

Lastly, for your future events, include permits in your planning checklist. Confirm with the suppliers whether they are responsible for obtaining the necessary permits, get everything in writing, and keep copies throughout the event. We believe your lawyer can help you decide whether to pay, appeal, negotiate, or pursue legal action after assessing the situation. Consult your lawyer about whether to file a formal complaint or take legal action.