Night & Day Cafe: Council is 'declaring war on economy', court hears

The venue is a cafe bar during the day and a music venue in the evening

Manchester City Council has been accused of "declaring war on its night time economy" in a court case about sound levels at the Night & Day Cafe.

Opened in 1991, it has hosted bands including Elbow and Arctic Monkeys.

At the end of a three-day hearing, barrister Sarah Clover, representing the cafe, argued the council's noise abatement notice should be "quashed".

Representing the council, barrister Leo Charalambides said they "could be taking this case further".

The row stems from a complaint made by residents of a neighbouring flat who said song lyrics could be heard during early hours club nights.

Manchester City Council issued the Northern Quarter venue with a noise abatement notice in 2021 over alleged breaches of statutory noise levels.

The flat, which had been vacant since May 2022, was listed for sale, Ms Clover said.

'Desperate time'

Mr Charalambides said the bar was "attempting to invite the court to go against centuries of legal tradition and two Supreme Court judgements".

"If you were to join this Shangri-La, we would be taking this case further," he added.

In his closing submissions, he offered to amend the noise abatement notice and argued "the fact that [Night & Day owner] Jennifer Smithson stamped her feet in the playground and said 'we were here first and we are going to do what we have always done' made no difference".

Ms Clover described the comment about Ms Smithson as "monstrously unfair".

She told District Judge Margaret McCormack: "The threat of the council through their advocate to persecute Night & Day all the way up to the Supreme Court is noted.

"What we have just heard is a declaration of war by this council, not just on Night & Day, but on the whole of their night time economy at such a desperate time for this industry. That's a tragedy."

'Stark choice'

Ms Clover said council officers had claimed an acceptable level of noise was found, but not recorded, during testing - believed to be around 25db in the flat. Guidelines currently allow for 30db of noise to carry through to next door.

She argued the notice was unjustified because "the court must find there is a nuisance now or there is a likely nuisance" to come for it to be valid.

The fact that the flat had been vacant since May 2022, combined with no complaints from previous residents, showed there was no current nuisance and nor was there likely to be one soon, she claimed.

It followed arguments from Mr Charalambides that the judge had "a stark choice between the public being able to party as loud as they want against the right to enjoy one's home".

"There's a special importance that should be attached enjoy the right of one's home," he said.

"I am not sure there's a special importance that should be attached to being able to hear Sweet Dreams Are Made Of This while you try to go to sleep."

The judge is expected to announce her decision in about two weeks.