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Manchester’s Night & Day hit back at “incomprehensible” legal battle with council as they return to court
The small venue was threatened by a noise complaint in 2021 from a new resident who had moved to Manchester during lockdown. It came after the venue won a hard-fought battle against a separate noise complaint back in 2014.Amid months of petitioning and fundraising for the venue and messages of support from acts local to or with strong connections to Manchester including Elbow’s Guy Garvey and The 1975’s Matty Healy doing the rounds, Night & Day remains in danger of closure due to a planning file for the redevelopment of a nearby building.In November, a court heard that the closure of Night & Day Cafe would be a “national scandal”.Night & Day now return to court to continue to appeal the notice, with a two date hearing starting on March 21 at Manchester Magistrates Court.At this hearing, the judge will decide whether to uphold or drop the notice and the venue will hear the judge’s decision sometime after.Breaking!! Night & Day Returns to Court @bevcraig @Sacha_Lord @joanneroney— Night & Day Cafe (@nightanddaycafe) March 16, 2023Venue owner Jennifer Smithson – who owns the venue alongside her husband Ben – said: “We believe that the source of this issue is that when MCC Planning approved the building of flats next to Night & Day there was no consideration to the neighbouring pre-existing music venue.“Consideration of noise was one of the planning conditions specified by MCC Planning department with the developer and is held on public record at MCC Planning portal.”She continued: “An initial acoustic report recommended that an additional second report be conducted that addressed any noise ingress from the venue into the flat.