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Night and Day Cafe Noise Abatement Hearing Continues

Gage Quinn | 27th March 2023 | Blog

To Summarise the Events So Far:

This trial started back in late 2021 when Night and Day received their noise abatement order from Manchester City Council. The order was issued after a complaint was received from a resident who moved in during the corona virus lockdowns. Complying with the noise abatement order would mean Night and Day would have to change how their business runs in the evening, and would make the venue unviable to stay open. The complainant has since moved out of the flat, claiming that the stress involving the noise abatement had turned them 'reclusive'. Night and Day's lawyer argues that the issue lies with the council failing to adhere to the planning permission guidelines for residential properties, and didn't consider the pre-existing venue when building the flats. Owner of Night and Day Jennifer Smithson has been reported to say "We believe that the source of this issue is that when MCC Planning approved the building of flats next to Night & Day there was no consideration to the neighbouring pre-existing music venue." The Manchester City Council deny this.

What Next?

Both parties disagree with the methodology of testing. Night and Day claim they can go off current planning rules, whereas the council claim that more testing is required. The hearing this week was adjourned early this week as both parties were 'going around in circles'. Sound level tests are to be conducted at a yet-to-be disclosed time over a three weekend window.

To Conclude...

The future of the venue is still uncertain as more evidence is needed to come to a verdict. The results of the sound-level testing could prove Night and Day's claim that the blame falls on Manchester City Council's failure to comply with their own building regulations and inability to consider neighbouring venues when building residential areas. Alternatively it could align with Manchester City Council, in which case the noise abatement order would remain, and Night and Day would have to change their operation, effectively making their business model unviable.

Gage Quinn

Hi, I'm Gage. I am a student and photographer in Manchester with an interest in journalism. I decided to start Cebu as a way to give a platform to ideas surrounding sustainability in the music industry. I hope to see real change and for the industry to become a better place. Through transparency and sustainable practices I believe that we can collectively achieve that.

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