After a three-year court battle regarding a noise complaint, Manchester’s renowned music venue Night & Day Cafe has confirmed that it will remain open and continue to operate as a nightclub. Manchester City Council issued the venue on Oldham Street with a noise abatement notice back in November 2021, following a noise complaint from an adjacent flat, which lead to a long court case.
The Manchester music venue, which has hosted bands such as Wet Leg, Elbow and the Arctic Monkeys, saw itself at risk of closure due to the legal battles over alleged breaches of statutory noise levels. Despite a judge upholding the notice after an appeal from the Northern Quarter stalwart, they permitted the iconic Night & Day Cafe to remain open as a live music venue and nightclub as long as new noise restrictions were put in place.
Confirming the news on social media, the owners of Night & Day Cafe said: “We are delighted that the Noise Abatement Notice has been amended in favour of Night & Day 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. This means we can continue with the club nights that Night & Day 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.”
However, the venue also shared its disappointment at being forced to adjust its sound levels, saying: “Although Night & Day 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 Manchester City Council spokesperson 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.”
The venue now has 28 days to make the required changes requested by the judge. Manchester City Council is said to have spent over £60,000 in legal fees for this court case, according to information released by the council under a freedom of information request.