Night and Day Café: final day of court hearing as Manchester venue appeals noise order is adjourned

The Night and Day Café is in court as it appeals a noise abatement notice which was served on the music venue by Manchester City Council.

The third and final day of a court hearing for the Night & Day Café in Manchester has been adjourned. The Northern Quarter venue is appealing a noise abatement notice served by Manchester City Council in 2021 following complaints from a neighbouring flat. It was due to be back in court on Tuesday (17 January) but that did not go ahead.

In November, Manchester Magistrates Court heard from one of the residents who complained about the noise as well as council officers and venue owner Jennifer Smithson. She told the court of her shock that the family business could be closed down if the noise abatement notice is upheld by the judge.

However, council officers said they do not intend to close the venue and want to work with the owners to address the noise issue. The Local Democracy Reporting Service understands that talks have taken place since then.

A spokesperson for Manchester City Council said: “Following a joint application between the council and representatives from Night and Day an adjournment has been granted by the presiding judge. The council remains hopeful that a solution which allows Night and Day to thrive as well as allowing the Council to uphold its legal duties can be found.”

In a post shared on social media on Monday (16 January), the venue wrote: “Night & Day Café was due to attend Manchester Magistrates Court on 17th Jan to appeal the Noise Abatement Notice that Manchester City Council served on us in November 2021. The third and final date has been postponed and we will update you as soon as we have the new date for the hearing.”

Asked about the adjournment, owner Jennifer Smithson said: “The council contacted us and suggested we meet to try and reach an agreement – this is why the court date has been moved back. We will see what happens next.”