Night and Day Cafe’s legal battle comes to an end

Manchester’s famous Night & Day Cafe will be allowed to remain open for the foreseeable future, settling a long running court case with the city council three years after being prosecuted for a noise complaint.

To keep their nightclub permit, Night & Day must stick to a “reasonable, practicable level” of noise when operating on weekends according to Judge Margaret McCormack.

McCormack stated that venues like Night & Day must be considerate of Manchester’s evolution as the Northern Quarter’s “usages are changing” as it becomes a ‘mixed-use’ business and residential area. 

The venue can still operate as long as they keep to a reduced noise capacity between 11 p.m.-3 a.m. during DJ club nights. These happen on Friday and Saturday evenings.

Night & Day previously argued these events are one of the key ways of funding and that the new rules would limit events.

In a statement posted to the venue’s Facebook page, it is made clear that the new noise levels were agreed in collaboration with Manchester city council after testing was carried out. 

The post also thanked the local community for their support as well as expressing unhappiness at the rulings new noise limits given in the final judgement. 

“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.”

The Greater Manchester Music Commission (GMMC) released a statement in support of the Night & Day cafe, stating concern at the risk this decision poses to other venues. 

GMMC points out the “alarming message” of the Northern Quarter as a ‘mixed-use’ area, arguing that it brings questions about “the value Manchester City Council places in our cultural quarters.”

“No consideration was given to the pre-existing live music venue” reads the statement. 

The venue has been given 28 days (from March 18) to make the necessary changes to ensure they can remain open.