The fate of one of Manchester’s iconic music venues will be decided in a crunch council meeting next month.
Night and Day Café have been ordered to attend a compulsory review meeting on June 9 to discuss whether they have been breaching the terms of their noise abatement notice and venue licence.
This council meeting is separate from the court hearing scheduled for October where the popular music venue will argue against the placing of the notice.
Neighbours who filed a noise complaint against Night and Day are now gunning for the venue’s music licence to be revoked.
The neighbours told MM: “I am just frustrated with how we have been treated. I really think it has been horrific.
“We both feel drained and mentally tortured by the whole process. It is almost like we are trapped in our house and can’t get away.
“The whole thing has been an atrocious experience; it feels like we live in a prison five nights a week.
“We didn’t at the start but this whole issue has escalated and we now want their music licence to be revoked.”
Night and Day will attend the meeting with the council which will then determine what action can be enforced.
The couple, who have made multiple complaints regarding noise nuisance, argue that living above the music venue is untenable.
They said: “It feels like we are being forced out of own home. We are seriously considering moving out because stress that living here has caused just isn’t worth it.
“The level of noise made by the music has gone too far and they are taking the piss out of us.
“Night and Day think they are above the law and the council have enough evidence to prove that they have been abusing their notice. But I don’t think we can wait ‘til October.
“We are not happy how we have been treated by the council and there has been nowhere near enough action taken.
“My parents, who are 70 and 65, came to stay over Easter and were woken up at 12.30am by loud DJ music which is disgraceful.”
The pair’s lease is up on January 31 2015 but say they can’t wait that long for a decision to be made.
The complainant told MM: “Night and Day have purposefully dragged out the process, they know when our tenancy is up and they have just prolonged the course.”
During the court dates from October 6-8 Night and Day will argue against the placing of the noise notice.
However if the appeal is unsuccessful the court will trial the venue on whether they have breached the notice – which can result in a noise limiter being installed or their music licence being revoked.
The owners also could face fines of tens of thousands of pounds or even time behind bars as part of an ongoing row over noise levels.
The Night and Day Café, in Oldham Street, was served with a statutory nuisance abatement notice in January by Manchester City Council following a noise complaint from their neighbours.
MM contacted Night and Day but they refused to comment.
Picture courtesy of Man Alive!, with thanks.
