A row over noise at a Manchester music venue is set to continue after last minute talks at the town hall fail to end in agreement. The dispute over noise levels at Night & Day Café in the Northern Quarter was due to be discussed in court again this week, but the three-day hearing did not happen.
Last-minute talks took place on Tuesday (July 4), but ended without an agreement between the music venue and Manchester council, which served a legal notice on the venue more than 18-months-ago. The two sides were set to appear in court via video link today (Thursday, July 6), but technical issues got in the way.
The court hearing has now been adjourned until July 21. More acoustic testing will take place in early September. The Local Democracy Reporting Service understands further court dates could be set later down the line.
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It comes after district judge Margaret McCormack adjourned the case for a second time in March because both sides were 'going round in circles'. It was agreed that extra noise testing would be carried out before the case returned to court.
Representatives from the council and the venue agreed to hold further talks following a case management hearing last week. The courtroom was set up for the hearing from Tuesday (July 4) while talks took place at the town hall.
But the hearings did not go ahead. The court was set to sit via video link this morning (July 6), but a technical issue meant the trial was adjourned again.
Manchester Magistrates' Court first heard the appeal of the noise abatement notice in November last year, but the hearing has since been adjourned twice. Talks aimed at settling the matter out of court broke down earlier this year.
The Northern Quarter venue has argued the move by the local authority to limit the level of noise it makes late at night threatens its future. The notice was served following a complaint by neighbours, who have now moved out.
A Night & Day spokesperson said: "Night & Day and its legal team have had a number of meetings this week outside of the courtroom with Manchester City Council. We went into these meetings in a positive and constructive manner, with the hope of moving things forward.
"Unfortunately the council have now asked for yet another round of acoustic testing. It feels like we're going backwards. We really don't understand why these discussions and the testing didn’t happen before the noise abatement notice was served on the venue back in 2021."
A Manchester council spokesperson said: "Before talks this week both parties agreed to come together to engage in discussions regarding sound levels, with the council willing to make concessions so that a final and lasting agreement could be reached. We were hopeful at the start of the week progress could be made though, sadly, this was ultimately not possible.
"However, the council remains entirely committed to reaching a settlement which recognises the needs of residents, allows us to meet our legal obligations, as well as allowing the venue to remain commercially viable. Given the trial is still live it would not be appropriate to go into further detail about the discussions which have taken place.
"From the outset the Council has said time and again Manchester's music venues are an important part of the fabric of the city, playing a vital role in the night-time economy and in creating opportunities for new artists. Recently the council announced a major and independent review into Manchester's grassroots music venues and how the Council and its partners can better support and champion them, while being considerate of residents and businesses and the Council's legal responsibilities."
