Night & Day have appealed the notice:
“Despite us explaining to MCC Licensing and MCC Council Leaders that we have and continue to operate in the exact same manner as we have done previously for the past 30 years, the council refuse to remove the notice.
MCC publicly reported that there were several noise complaints that triggered the notice. We are of the understanding that there now is only a single complainant.
The complainant lives in what was a warehouse that was converted to residential flats which is located adjacent to the venue.
After receiving a copy of the MCC planning file for the redevelopment where the complainant lives, we were shocked and appalled to find that a crucial acoustic report had not been provided, nor acoustic works completed to the development before it was occupied. This was a condition of the planning consent for conversion of the building next door, to ensure that residents were not disturbed by noise specifically from pre-existing entertainment business’ – Night & Day. No separate acoustic report was ever prepared by the developer and MCC Planning Department allowed the building to be occupied without suitable acoustic insulation works.
We have brought the above findings to the attention of MCC Council Leaders as we feel strongly that Night and Day has been mistreated and that this is the Councils problem to resolve. We successfully fought off a savage noise complaint around 8 years ago and can’t believe we’re here again.
We have remained silent about the notice whilst operating under huge stress unbeknown to our customers and staff, in the hope that Manchester City Council could resolve the issue directly with the complainant. We believe there have been no additional noise complaints that have arisen during this period. Despite this, Manchester City Council continues to place the onus on Night & Day to resolve.
Should MCC decide to not remove the notice then we will be at a court hearing on the 29th of November for 3 days at Manchester Crown Courts where we will appeal the notice. If our appeal is unsuccessful then this puts us at risk of immediate prosecution in the event of a noise complaint. For us to comply with the requirements of the notice would effectively ruin Night & Day as a live music venue which would likely mean the closure of the venue altogether.
We ask for your support going forward. Aside from continuing to spread the word and asking others to sign the petition, we’re unclear at this time what this is and we’ll be in contact shortly once we know. If you have any questions, drop them in the comments and we’ll answer them if we can.
Love Night & Day”