a noise complaint from a resident who had moved to Manchester during the lockdown.Now, after over 94,000 people signed a petition to remove the Noise Abatement Notice (NAN) – including Johnny Marr, New Order, Courteeners, Frank Turner, Mogwai and more – and a reported £160,000 in court fees, it has been ruled that the venue can continue to operate.Following four rounds of hearings, District Judge Margaret McCormack announced her ruling during a Manchester Magistrates’ court hearing today (March 18).In her ruling (via Manchester Evening News), she said that a nuisance was being created by the venue, particularly due to it running from 11am to 3am on Friday and Saturday nights.
That being said, she did go on to state that the Northern Quarter is a “lively, vibrant” area, but as the city evolves, its “usages are changing” – which means the area can now be considered mixed-use.“In an ideal world, a balance would be able to be struck in the ability of the resident to enjoy their property and the venue to operate as a going concern.
Sadly, due to a faulty party wall this is not possible,” McCormack said.The judge also said that her two options were to either dismiss the appeal or vary the notice, and she opted for the latter.As highlighted by Manchester Evening News, the variation put forward was called “test profile one”, and is a set of restrictions put upon Night & Day.“I am satisfied that this is a reasonable, practicable level which could be offered by sealed sound limiters to seal music levels.
I am told the existing sound system can achieve this aim,” she continued. “I therefore amend the NAN [to say] Friday and Saturday use should not exceed the levels of test one.
Read more on nme.com
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