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Night & Day – councillors respond to issues

Posted on 16 January 2014 by kevpeel

Following concerns raised by residents about a suggestion that Night & Day cafe on Oldham Street would have to close as the result of a Statutory Noise Abatement Notice, city centre councillors have been working to get to the bottom of the situation.

A complaint was received by Manchester City Council on 27th November from a neighbouring resident concerned about the level of noise emanating from Night & Day particularly during live music performances which was heard clearly in their flat and was causing sever disturbance.

Manchester City Council’s initial approach was to seek an informal resolution between both parties. Unfortunately the management at Night & Day did not want to engage with officers or take any advice on steps they could take to mitigate the impact of the noise.

On Saturday 11th January a further complaint was lodged and two environmental health officers visited both the premises and the flat of the complainant where they witnessed excessive noise. At this point the officers had a statutory duty to serve an enforcement notice, which mandates the license operator to take action to reduce the noise. It does not mean the venue has to close.

Upon issuing the Statutory Noise Abatement Notice, an officer offered advice to the licensee which was again refused. The licensee was informed of the process to appeal the notice.

Earlier today the venue management was again contacted and they have now agreed to meet with council officers tomorrow in order to seek a satisfactory resolution of the issue.

Councillor Kevin Peel said:

“I’ve been attending gigs at Night & Day for many years and I think it is a fantastic venue.

“That said, the right of venues to operate as they wish has to be balanced with the right of residents – wherever they live – to peace and quiet in their own home. 

“I live in the city centre in part because of the vibrant and diverse night time economy, as do many residents. I moved here knowing I would not get the peace and tranquility I might expect in the leafy shires, but that does not mean I should expect unacceptable noise and disruption from my neighbours any more than I would if I lived anywhere else. As more people move into the city centre there will inevitably be tensions with new and existing pubs, bars, clubs, music venues and other premises. Most residents expect and accept a certain level of disruption, but all licensed premises have a responsibility to be good neighbours.

“We have a long history of working with residents and licensed premises to defuse conflict and resolve issues collaboratively to the satisfaction of all parties and we encourage all venues – and residents – to get to know their neighbours and raise any issues as they arise so that a swift solution can be found.

“Where this does not happen the city council must act. However it is always a last resort to take enforcement action, unless venue operators are not acting responsibly or willing to engage.

“In this instance communications were not sufficient between the operator, the residents and the council. I’m pleased to see this has now improved and hope an agreement can be reached which will satisfy all parties without the need for any adverse affect on either the venue or its neighbours.”

4 Comments For This Post

  1. Jim de Whalley Says:

    This is an issue of externality. The developers of city centre flats are not adequately insulating properties and as such are pushing the issues on to the live music venues.

    There’s a reason original, british, band music is under represented in the charts. We keep cutting the live industry off at the grass roots level.

    I don’t know who I’m more ashamed off, Manchester City Council for even entertaining this or the sad tw*t who made the complaint.

  2. Poppy Roberts Says:

    this is completely ludicrous and a classic example of the council not protecting local businesses enough – they’re very happy to benefit from the tourism created by Night and Day and its historical background, but would much rather support a spoilt city-centre dweller who wants the best of both worlds. As for the councillor’s comments above – these can be pretty much translated into “i don’t expect silence from a city centre, but i expect quiet” – completely ridiculous. I think this is shameful as all parties KNOW the presence of venues such as Night and day are what make the complaining party’s postcode so desirable in the first place…exactly why you’re they’re not living in the suburbs…farcical and poorly handled by a council that needs more than ever to starts supporting its independent businesses and not every Tesco Metro that waves a cheque under its nose.

  3. AC Says:

    The Council’s box ticking exercises, is just another example of the lack of common sense used by the state and authorities. I had exactly the same issue at a venue in Manchester a few years ago, when one resident continually complained. The Council officers consistently attended and issued warnings and notices, despite the fact that the complaints were obviously malicious and actually totally unconnected to the real reason for the complaints. It was an issue over the use of common land. The complainant didn’t even live in the property. It as an office used in the daytime. If the council wants to continue collecting business rates and attracting custom into the city’s night time economy, they need to adopt a more flexible and common sense approach. Something apparently completely lacking today

  4. hector Says:

    http://www.thevine.com.au/music/news/update-agent-of-change-principle-absent-from-live-music-reforms-20140109-270864

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