Night and Day: Manchester cafe owner ‘in shock’ over closure threat in neighbour noise row, court hears

The owner of Manchester music venue Night and Day has told a court of her ‘shock’ that the family business could be closed down due to noise complaints.

Jennifer Smithson, who owns the Northern Quarter venue with her husband Ben, said it is ‘absolutely terrifying’ that it could be ‘taken away’ from her. It comes after Manchester city council served a noise abatement notice on the venue in November 2021 following a complaint from a neighbouring flat.

Manchester Magistrates’ Court, which is hearing an appeal of the notice this week, was told the residents moved in during the pandemic and complained about the noise levels on the first night that the venue reopened in July 2021. Speaking on the first day of the hearing on Tuesday (November 29), Mrs Smithson was in tears when she told the court of the impact this has had.

She said: “I’m in shock. I can’t understand why the council thinks Night and Day have done something wrong.

“I’m at a loss as to why I’m sat here in a courtroom. We’re running our business in the same way for 31 years and I thought the council would be really proud of what we’ve done for the city of Manchester.”

The venue has received more than 95,000 signatures for its petition to remove the notice and has had support from musicians across the country including Guy Garvey of Elbow. It comes eight years after the venue fought an ‘identical’ noise complaint from another flat, resulting in new conditions added to its licence following a review.

Representing the venue, Sarah Clover said the situation is a ‘national scandal’, describing Manchester council as the ‘poster child’ for this new ‘phenomenon’.

Peter Rogers, an acoustic expert called by the venue to give evidence, told the court that noise complaints from new developments are increasingly common. However, he said that the council’s planning department should have done more to prevent this issue after the development was approved in 2000.

He explained that the bedroom which shares a wall with the venue has such ‘poor’ sound insulation, that even the higher frequency vocals can be heard.

Mr Rogers told the court that the only way to address the noise issue would be to effectively create a ‘box within a box’ in the flat to insulate it from the sound.

He said: “It might have been a very expensive solution which required concrete and springs – and it’s a long way to go for a residential premises – but the reality is that would have been needed as a viable solution. And if it wasn’t, why was it permitted?”

Representing the council, Leo Charalambides argued that the venue has not stuck to its own self-imposed decibel limits under its noise management plan.

However, Mr Rogers said he observed how the sound engineers operate and was satisfied that the venue is doing all it reasonably can to keep noise down.

He said that installing a new sound system, which would cost £20,000 to £30,000, would not solve the issue caused by the lack of sound insulation.

And Mrs Smithson said that installing noise limiters, which would cut the music when it exceeds a certain level, means musicians would not play at the venue.

She said: “Why would someone play when they could be cut off half way through the set?”

The hearing will continue on Wednesday with council officers and one of the residents who complained expected to give evidence to the court.