Manchester council accused of “declaring war on its night time economy” during Night and Day hearing
Manchester City Council has been accused of “declaring war on its night day economy” during the final day of a hearing relating to the future of the Night and Day Café after the venue received a Noise Abatement Notice in 2021.
The Northern Quarter-based venue received the notice after a new resident complained about noise. A three-day hearing began at Manchester Magistrates Court on January 29th. A decision on the future of Night and Day isn’t expected to be reached for at least a fortnight.
During the final day of the hearing, barrister Sarah Clover, who represented the Manchester venue, which opened its doors in 1991, claimed the notice was “unjustified”, according to the Manchester Evening News.
Leo Charalambides, the barrister representing Manchester council, told the court: “If you were to join this shangri-la, we would be taking this case further.” He also claimed Jennifer Smithson, who owns the Night and Day, “stamped her feet”, which Clover described as “monstrously unfair.”
Clover told District Judge Margaret McCormack: “The threat of the council through their advocate to persecute Night and Day all the way up to the supreme court is noted. What we have just heard is a declaration of war by this council, not just on Night and Day but on the whole of their night time economy at such a desperate time for this industry. That’s a tragedy.”
The apartment, which made the complaint against the venue, is currently listed for sale and has been empty for almost two years, according to Clover. The barrister also stated no other owners of the property had complained since it was built in 2000.
Additionally, Clover claimed council officers found an acceptable level of noise when they tested at the property.
Charalambides had previously told the judge the case represented “a stark choice between the public being able to party as loud as they want against the right to enjoy one’s home”.
Last week, before the hearing began, the Night and Day said in a statement: “The venue continues to operate in exactly the same manner it has done for over 32 years – live music and club nights. The flat remains unoccupied.”
Night and Day maintained it “has not changed how, where and what [they] do,” before concluding, “Once the judge has listened to the evidence presented, she will then review and come to a decision after the hearing.”
This is a developing story.
Never Miss A Beat
The Far Out Music Newsletter
All the latest music news from the independent voice of culture.
Straight to your inbox.