I’m not condoning the use of <250g drone as the freedom they provide is excellent but I suppose this just highlights the very problem that unless specifically required to do so for commercial operations, anyone can go purchase a drone and be clueless to what is and isn’t allowed. And much of the rules for <250g drones is left very much to the knowledge (or lack if) and discretion of the pilot
The drone was less than 250g so allowed to fly over people and close to building and technically speaking, there are no different regulations to night flights here in the UK as long as the drone is equipped with green flashing flights (which DJI drones do) and the pilot keeps the aircraft in VLOS. While we could say this flight went well beyond VLOS, not being there it would be hard to make this call plus, he may have used a strobe on his drone increasing the distance the aircraft can be seen at night.
The flight went without a hitch so no offence was committed.
The question is however, should we be flying a drone over a city centre, over busy roads, in close proximity to buildings, over people who have no idea a drone is buzzing above their head and to top it off in the dark without the help form automatic obstacle avoidance?
Have something gone wrong on the flight then things change and the pilot could potentially faced prosecution.
“The operator is ultimately responsible for flight safety and must comply with the Air Navigation Order (ANO) articles relating to endangerment:”
Article 241 - Endangering safety of any person or property
A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.