Manchester’s Night & Day Café to appeal noise abatement notice

Independent live music venue Night & Day Café has said it is at risk of closure following Manchester City Council’s refusal to remove a noise abatement notice.

The abatement was issued in November 2021 following complaints that the venue, which has hosted bands such as the Arctic Monkeys and Elbow throughout its 30-year existence, is a “noise nuisance”.

Night & Day launched a petition asking that the council “remove our Noise Abatement Notice” and “address the real issue here which is that housing with ill-considered panning and construction has been approved and built next to a pre-existing live music business”.

The venue has claimed that the council failed to provide or facilitate an acoustic report, which would have been required for the building next door to have received planning permission.

The council denied these accusations, stating that its “planning records show that an acoustic report was provided during the development of surrounding units, and the council completely rejects any suggestion that planning conditions were not met”.

Although the petition received more than 84,000 signatures, the venue believes that it remains at risk of closure after the council yesterday (26 October) announced that it would not remove the notice. The notice does not give the council the power to close the site itself, but the owners have said compliance with it and the risk of subsequent fines could make the site untenable as a live music venue.

Writing on change.org, Night & Day said it has appealed the notice and is expecting to attend a three-day appeal hearing starting on 29 November at Manchester Crown Court, should the council continue to uphold its initial ruling.

Night & Day added: “If our appeal is unsuccessful then this puts us at immediate risk of prosecution in the event of a noise complaint.

“For us to comply with the requirements of the notice would effectively ruin Night & Day as a live music venue which would likely mean the closure of the venue altogether.”

A spokesperson for Manchester City Council said: “It must be made explicitly clear from the outset that the council has never threatened to close down this venue, nor is there any legislation which would allow a noise abatement notice to be used to close a premises.

“The council is, and remains, supportive of the music scene in Manchester which Night and Day has championed, but we have to comply with our duties in respect of statutory nuisance. It is also important to state that the source of complaints regarding this venue relate to very loud music played into the early hours of the morning and not live band performances.

“The council will continue to work towards an amicable resolution where the noise nuisance is fully addressed.”

It comes after industry figures warned that the future of late-night pubs and clubs in the UK is at risk following a “huge influx” of noise abatement notices and pressure from local authorities.

Sacha Lord, night-time economy advisor for Greater Manchester, said more than 20 venues in London have been investigated following noise complaints this year alone.