The verdict puts an end to the three-year dispute surrounding the noise levels of the Northern Quarter venue.
“We are delighted that the Noise Abatement Notice has been amended in favour of [Night and Day Café] with the judge agreeing to the noise levels that we offered to [Manchester City Council] in June 2023 as part of joint testing and negotiations,” the venue posted on social media.
Night and day Café was initially handed a noise abatement notice by Manchester City Council after those in an adjacent flat complained about loud music at night.
A judge then upheld this notice after an appeal from the venue, but they permitted the bar to continue operating as a nightclub provided new noise restrictions were met.
It had faced an uncertain future after the notice was served in November 2021 but District Judge Margaret McCormack’s ruling has been celebrated.
She found that a nuisance was being caused by the DJ club nights that ran from 23:00 to 03:00 on Fridays and Saturdays.
She said that was because the use of the flat next door was “common and ordinary”, but the nightclub operation of Night and Day Cafe was not.
“The Northern Quarter is a lively, vibrant area, but as Manchester is evolving, its usages are changing, which means the area can now be considered mixed use,” McCormack said.
“In an ideal world, a balance would be able to be struck in the ability of the resident to enjoy their property and the venue to operate as a going concern.
“Sadly, due to a faulty party wall this is not possible.”
The noise abatement notice was varied to allow the venue to continue operating on weekends under restrictions that limit noise to a “reasonable and practical level”, said the judge. The venue now has 28 days to make the required changes.
At the start of the month, it was revealed that the case had cost the Council more than £60,000 ($76,000/€70,000) while Night and Day Cafe representatives had spent around £100,000.