I thought council would be proud of what we’ve done
‘SHOCK’ AT FAMILY MUSIC VENUE FACING CLOSURE OVER NOISE
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 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, 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. 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.’
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. Representing the council, Leo Charalambides argued that the venue has not stuck to its own selfimposed 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.