Night and Day noise row: Venue’s future under threat as council review licence for ‘persistent’ breaches

The Night and Day Cafe will face a licence review that threatens to end live music at the venue after a ‘persistent failure’ to comply with rules.

Manchester City Council decided to review the iconic venue’s licence after a string of recent noise complaints from a disgruntled resident.

Conditions could be placed on the Night and Day Cafe’s licence, such as imposing noise level settings.

But worst case scenario is that the Manchester venue, which has launched the careers of bands like Elbow, could lose their live music licence altogether.

The neighbour, who wishes to remain anonymous, leading the fight against the noise nuisance told MM: “For those people who say just move – if you don’t like living in a country where there are laws against noise nuisance then I suggest you move because the laws are there to protect the people.

“The council would not be taking them to review if there was no breach of licence.

“I fully agree with what the council are doing.  I believe hand on heart it has got to the stage where action needs to be taken.

“I don’t want their live music licence to go, but it’s not down to me, I can’t stop it.  The only people who can stop this are Night and Day.”

However, the application for review, which is available on the council’s website, has revealed that the neighbour is not the first to have complained about the venue.

There is a history of complaints against the Night and Day Cafe spanning eight years and coming from various locations, including Tibb Street and Dale Street.

The application for review states that ‘despite extensive efforts to resolve the issue’ officers have continued to witness breaches of the premises licence and their noise abatement notice.

One recent complainant from Dale Street retracted his complaint as he did not want any adverse publicity.

The review of the licence will include a 28-day period of public consultation, but only businesses and residents who live in the Northern Quarter area will be able to make representations.

The Night and Day Cafe was slapped with a noise abatement notice in January after the resident complained about the nuisance levels.

This sparked a petition to try and fight the notice, which almost 75,000 people signed.

However the complainant has continued to experience noise nuisance,and, on Wednesday July 9, he recorded his latest experience and posted it on YouTube.

He told MM: “It was a quiet night, although they had three bands on and the football,” he said.

“Two bands had been on but we hadn’t heard any noise. At 11 o’clock, we went to bed and watched a bit of television.

“Just as I’d got my head on the pillow, the noise started – it was 11.50 – the walls were vibrating from the bass.

“I phoned Jennifer [Night and Day’s venue manager] and told her I was going to report them to the council – this was a clear statutory breach.”

The resident has insisted that the café’s management has disregarded his protests and not taken the matter seriously.

He added: “They have no remorse, no sympathy for what they are putting us through.  It’s atrocious.

“They believe they are above the law and the conditions of their licence because they have had some famous people walk through the doors.

“We sit here every night and we are so shocked how a venue can do whatever they think they like.

The public consultation is open for representation, the date for the review is yet to be set.

Image courtesy of Duncan Hill, with thanks

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