The Night & Day Cafe will have its day in court at the end of next month, as the row over noise complaints made about the iconic music venue continues. The owners of the bar will have a three day hearing appealing the noise abatement notice that it was served with in November last year.
Musicians and music fans have campaigned for the venue after complaints from local residents were made about noise from the venue after it opened up following lockdown. The Night & Day has seen dozens of revered bands go through its doors over its three decades in the music business, including the likes of Ed Sheeran, Arctic Monkeys and Manic Street Preachers.
The venue will be claiming in its appeal that documents relating to sound proofing of the next door apartments were not submitted during the planning stages, and also that sound-proofing work was not completed when the building was being turned into a residential dwelling more than 20 years ago. However, Manchester City Council has denied the claims, adding that complaints have come from three local residents.
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"It is important to reiterate throughout this process extensive discussions have taken place to try and address the statutory noise nuisance which was the sole reason a Noise Abatement Notice (NAN) was served,” the council said in a statement.
“The Council is, and remains, supportive of the music scene in Manchester which Night and Day has championed, but we have to comply with our duties in respect of statutory nuisance. It is also important to state that the source of complaints regarding this venue relate to very loud music played into the early hours of the morning and not live band performances.
"The Council's planning records show that an acoustic report was provided during the development of surrounding units, and the Council completely rejects any suggestion that planning conditions were not met. The Council will continue to work towards an amicable resolution where the noise nuisance is fully addressed.”
Speaking to the M.E.N, venue owner Jennifer Smithson said that the first complaint about noise made was not during the early hours but at 8pm, during a BBC Music Introducing night last year, just as the venue had reopened after the pandemic. She added that while a venue cannot be closed down with the use of a noise abatement notice, they can be fined, have sound equipment seized and be prosecuted or even face imprisonment, per its terms.
“If any of those things happen, we wouldn’t be able to function as a live venue,” she said, describing the situation as 'a nightmare'. “While they’re not coming down to close the doors on us, in effect they would be doing that.”
She added that the City Council 'could cancel the noise abatement notice and rectify the problem that they originally caused, rather than close down a business that’s been the beating heart of the Manchester music scene for decades'.
The venue is set to appeal the noise abatement notice on November 27.
Elbow frontman Guy Garvey has long supported the venue, saying: “This a shameful disgrace and we are furious. Manchester’s music and arts are things we all share and are rightfully proud of. The council and its politicians, its football teams and its universities all use our music in proud promotion.
“Night & Day has taken hundreds of Manchester artists from bedrooms and garages to the world stage. The vibrant scene started by Night & Day triggered enormous redevelopment in what we now call the Northern Quarter and making all this happen is a constant bill to bill balancing act. That this cornerstone of our city’s culture is under attack again is bewildering.”
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