The court case over noise bought over the Northern Quarter Venue Night and Day with the judge upholding the abatement notice but accepting plans submitted by the venue
In a case which stretches back over two years brought about a neighbour complained Manchester City Council about the noise,the club have agreed to limit the use of the club but would be allowed to stay open until 3.00am on Friday and Saturday nights with a DJ playing
Local Democracy reporter Ethan Davies,in court for the verdict said that Judge McCormack found the use of the flat in which the complainant lived was ‘common and ordinary’, but the nightclub use wasn’t”
“However she also found Northern Quarter is a ‘mixed use’ area, hence not dismissing the appeal nor quashing the notice.”
Night and Day had asked the council to remove the Noise Abatement Notice and to address the real issue here “which is that housing with ill-considered planning and construction has been approved and built next to a pre-existing live music business.
They argued that over the past 15 years, flats have been built or existing buildings converted to flats around the venue with no real thought or consideration to the pre-existing business, building and what it does.
In a statement The venue said
We are delighted that the Noise Abatement Notice has been amended in favour of @nightanddaycafe with the judge agreeing to the noise levels that we offered to @ManCityCouncil in June 2023 as part of joint testing and negotiations.
This means we can continue with the club nights that N&D and other live music venues are so dependent on. DJ club nights contribute to developing the raw, amazing talent and emerging live music scene that grace our stage, Manchester and beyond.
Although N&D has won, we’re disappointed with today’s judgement as the venue will have to adjust our club nights to suit an occupier of what is a defective apartment.
MCC Planning approved the apartment back in 2000 in full knowledge that there would be serious potential for noise problems in this flat and before any resident moved in. Today’s decision has huge implications for other Manchester night time industries and operators.
A Manchester City Council spokesperson said:
“We are glad that this case has reached a conclusion, although it is regrettable that despite many attempts it could not have been amicably resolved prior to Night & Day bringing this court case.
“The Council has never sought to close Night & Day and very much want it to remain open and continue to play an active role in Manchester’s music scene.
“Over many months numerous meetings have taken place where we have sought to reach an amicable resolution with the venue, through negotiation and offering compromise, to agree acceptable sound levels which would allow us to uphold our legal duties and the venue to continue to thrive.
“It is as a last resort and extremely rare for us to issue a noise abatement notice. Manchester’s music venues overwhelmingly live in harmony with their neighbours and while complaints and issues are not uncommon, they are almost always resolved through dialogue.
“We welcome the judge’s ruling that Night & Day should use a noise limiter. The use of a limiter was a solution we proposed – and the judgement makes clear that our officers acted correctly in investigating the noise complaints in line with the Council’s legal responsibilities.
“We hope that we can all move forward from this unfortunate episode and we wish to work constructively with the venue.
“Music is a key ingredient of what makes Manchester special. The Council not only recognises this but has for many decades supported and encouraged grassroots venues and emerging musical talent. We continue to do so.
“In response to the pressures facing grassroots music venues across the country and here in the city, the Council commissioned a major independent review into the support Manchester’s grassroots music venues need, and how the council and partners can support venues. Its findings will be launched in May and will set out a way to champion Manchester’s independent music scene for the years ahead.
“The Council regularly support music ventures across the city, from grassroots to major venues, and emerging musicians through initiatives like Manchester Music City, Brighter Sounds and the Manchester Music Education Hub. The Council also funds and supports Beyond The Music, a new annual conference and festival which brings music industry leaders together to address challenges within the sector.
