Manchester institution Night & Day Café wins legal fight but must reduce noise

In 2021, Night & Day Café was issued multiple noise complaints from a new local resident which threatened to close the Manchester institution. Today, The Greater Manchester Music Commission (the GMMC) has confirmed that the venue will be able to continue to present live music and club events under certain conditions. 

For over three decades, grassroots venue Night & Day Café has championed, developed, and given a platform to emerging artists, including Arctic Monkeys, Elbow, Blossoms, Kasabian, and Courteeners in their early days. 

The venue, which predates the development at the centre of the complaint, has proven a vital staple of the city’s nightlife and music scene, helping it blossom into the culturally rich place it is today. As such, there was a huge outcry from famous musicians, including Tim Burgess of The Charlatans, and local music fans when the news about the venue’s threat of closure broke. 

Photo: Night & Day Cafe / Instagram.com

Following District Judge Margaret McCormack's agreement with the noise levels the venue offered to the council in June as part of joint acoustic testing, Night & Day can continue serving music fans and emerging artists, as it has for over 32 years, but with reduced noise levels, which will effect club nights.

Despite the win, the GMMC has raised concerns about many aspects of the case, including the lack of consideration for the venue when the adjoining building was converted from a warehouse to apartments (the council also did not ensure that the developer undertook crucial acoustic reporting), the council’s refusal to admit its planning mistakes, and the judge's statement about the venue not being a cultural focus, rather, a "mixed-use" area. 

More concerns the GMMC raised include the impact on Night & Day’s cultural programming, its economic viability, and the emotional and financial stress the case has put on the owners, as well as the stress that could soon be put on other grassroots music venue owners in the UK.

The case cost Night & Day around £100,000 to fight, with Manchester City Council also spending a similar amount. 

UK grassroots venues have undergone considerable challenges recently, with 125 grassroots music venues closing for good or ceasing to host live music in 2023. More worrying still, Night & Day isn't the only venue that has been served noise complaints. In 2023, The Music Venue Trust Emergency Response Service saw a 37% increase in emergency cases, with threats to venues from noise complaints being a key trend. 

We are delighted that the Noise Abatement Notice has been amended in favour of @nightanddaycafe with the judge agreeing to the noise levels that we offered to @ManCityCouncil in June 2023 as part of joint testing and negotiations.

— Night & Day Cafe (@nightanddaycafe) March 18, 2024

In a statement posted on social media, Night & Day said, “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.”

Want to support Night & Day Café? Secure tickets to see The Crooks at the legendary venue in May - HERE 

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Header image credit: Night & Day Cafe / Facebook.com