The venue appealed against its noise abatement notice served by Manchester council
Night and Day Cafe will continue to open as a nightclub — despite a judge upholding a noise abatement notice against it.
Following four rounds of hearings which concluded in January, District Judge Margaret McCormack revealed her ruling in a hearing at Manchester Magistrates’ court today. Speaking in courtroom one, she found that a nuisance was being caused by the DJ club nights that run from 11pm to 3am on Friday and Saturday nights.That was because the use of the flat next door was ‘common and ordinary’, but the nightclub operation of Night and Day was not, she ruled.
Having found that a nuisance was being caused, the judge then said her remaining two options were to either dismiss the appeal or vary the notice. She opted for the latter. The judge continued: “I am satisfied that 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.
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