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Night & Day Cafe issues statement after battle to save iconic venue comes to an end

'Although N&D has won, we’re disappointed.'

Daisy Jackson - 18th March 2024

One of Manchester’s most iconic music venues has issued a statement after their lengthy court battle came to an end today.

After three years, the court has ruled that Night & Day Cafe in the Northern Quarter will be allowed to continue operating as a gig venue and nightclub.

The iconic venue was served a Noise Abatement Notice (NAN) by Manchester City Council way back in 2021 after a new resident in the area filed multiple noise complaints.

The initial incident sparked a huge outcry from famous faces in the music industry as well as locals who love the venue – though Manchester City Council has maintained that at no point did it seek to close the venue.

The council also said that the NAN was issued ‘as a last resort’ after months of negotiating and compromising with Night & Day.

Night & Day Cafe have now issued a lengthy statement after Manchester Magistrates Court ruled in their favour, meaning the venue will be allowed to remain open under new conditions, including a maximum volume level at weekends.

While saying they were ‘delighted’ that the Noise Abatement Notice has been amended in the venue’s favour, Night & Day Cafe added that they were ‘disappointed’ that they would have to adjust their club nights.

They said that they would have to tweak their late-night offering ‘to suit an occupier of what is a defective apartment’, adding that the apartment (which was built after the venue) was approved planning despite the proximity to an established music venue.

Night & Day also thanked all those who have shown their support over the last three years.

Their full statement reads: “We are delighted that the Noise Abatement Notice has been amended in favour of N&D with the judge agreeing to noise levels that we offered to Manchester City Council (MCC) in June 2023 as part of the joint testing and negotiations.

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“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.

“We want to really thank all of our supporters in Manchester and beyond and every single person that has stood up and shouted for us. Without your incredible support we couldn’t have done this.”

A spokesperson for Manchester City Council 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.

“We are committed to helping Manchester’s music scene to continue to flourish for many years to come.”

Featured image: The Manc Group