Night and Day: Venue to stay open as nightclub after noise row

Night & Day, Manchester
The Northern Quarter venue has been embroiled in a row with Manchester City Council

A music venue at the centre of a three-year noise row will continue to open as a nightclub but with noise-limiting restrictions in place.

Night and Day Cafe was handed a noise abatement notice by Manchester City Council after those in an adjacent flat complained about loud music at night.

A judge upheld the notice after an appeal from the Northern Quarter venue.

But they permitted the bar to continue operating as a nightclub provided new noise restrictions were met.

The venue had faced an uncertain future after the council served the notice in November 2021 following complaints from a neighbour.

'Balance struck'

District Judge Margaret McCormack found a nuisance was being caused by the DJ club nights that ran from 23:00 to 03:00 on Friday and Saturday nights.

She said that was because the use of the flat next door was "common and ordinary", but the nightclub operation of Night and Day was not, she ruled.

The Northern Quarter is a "lively, vibrant" area, but as "Manchester is evolving", its "usages are changing", which means the area can now be considered mixed use, the judge said.

"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 noise abatement notice was varied to allow the venue to continue operating late at weekends under restrictions that limit noise to a "reasonable, practicable level", the judge said.

The venue now has 28 days to make the required changes.

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