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Manchester’s Night & Day Cafe (cap. 250) is to continue as a grassroots music venue and nightclub, following a noise complaint and lengthy court case.

Following a two-year court case with four rounds of hearings, the decision was made during a Manchester Magistrates’ court hearing yesterday, 18 March.

More than 94,000 people signed a petition to remove the Noise Abatement Notice (NAN) – including Johnny Marr, New Order, Courteeners, Frank Turner and Mogwai.

Music Venue Trust (MVT) CEO Mark Davyd said the case suggests that Manchester’s Northern Quarter’s days are “numbered” as a cultural hub. Davyd said the trust repeatedly warned Manchester City Council there was a “significant risk” to its pursuit of the case.

“We therefore call on Manchester City Council to detail what action it intends to take to secure the future of this vital area of the city, which plays home to 14 grassroots music venues,” said Dayvd.

The venue also expressed its disappointment with the judgement as it will have to “adjust our club nights to suit an occupier of what is a defective apartment”.
It said in a statement, “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.”

The MVT’s full statement read, “We are obviously relieved that the proposals put forward by Night & Day to manage any noise nuisance from their premises have been accepted by the judge in this case and that the venue is able to continue to serve its community. We will be closely monitoring the impact on the economic viability of the venue resulting from the limitations on its business it has accepted. We will continue to assess whether the result of this case indicates that the venue may need ongoing financial assistance to continue to be able to showcase new and emerging talent as a mainstay of the grassroots touring circuit.

“However, we have repeatedly warned Manchester City Council there was a significant risk to their pursuit of this case. The final judgement results in exactly that new risk to all nightlife in the Northern Quarter of Manchester.

“The Judge has decided, and placed on record, that the Northern Quarter is not a cultural area, it is a mixed use area. Consequently, this judgement places every music venue, nightclub, restaurant, and bar in this area on notice that they will, upon receipt of a noise complaint by any resident, be required to change the nature of their business to accommodate such a complaint. This applies equally to existing, new and prospective residents. As a result of this judgement, it is now open season on Manchester’s night-time economy for Developers.”