Manchester’s Night and Day Café case comes to a controversial end
Over the past couple of years, Manchester’s famous music venue Night & Day has been under intense scrutiny following a noise complaint and, subsequently, a lengthy court battle. The noise complaint was filed by a resident who moved in during lockdown and threw the future of the venue into question.
The venue opened in 1991 and has provided the stage for several famous artists since then. Some of those of note who have previously performed at Night & Day include the likes of Arctic Monkeys, Manic Street Preachers, Lizzo and Jessie J. As such, the news of its potential closure came as a blow to many local music lovers and artists who have contributed to the space’s rich history.
The venue’s impact can be seen in a petition signed by over 94,000 people demanding the Noise Abatement Notice (NAN) be removed. Johnny Marr, Courteeners, Frank Turner, Mogwai, and New Order contributed towards this.
Following an elongated court process and a reported £160,000 in legal fees, it has been determined that the venue can stay open; however, it will have limitations put on its continued use.
District Judge Margaret McCormack commented and delivered what she believed to be a “reasonable” and “practicable” compromise. In her judgement, she referred to the fact that the Northern Quarter has always been a vibrant area but also stated that times have changed slightly, and the neighbourhood can be viewed as multi-purpose.
“In an ideal world, a balance would be able to be struck in the ability of the resident to enjoy their property and the venue to operate as a going concern. Sadly, due to a faulty party wall this is not possible.”
The venue will use sound limiters so that it can continue operating as a music venue. The court has given Night & Day 28 days to make the required changes. The NAN has also been amended to say that “Friday and Saturday use should not exceed the levels of test one.”
Following the judgement, Night & Day commented, saying that they are happy they can continue operating as a venue but are disappointed with the limitations imposed on them. “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,” they said. “MCC Planning approved the apartment back in 2000, with full knowledge that there would be serious potential for noise problems in this flat before any resident moved in.”
There is still a question as to whether this verdict will have implications for other nighttime industries in Manchester.
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