Sound judgement as both parties 'win' in noise row

AFTER two years of legal wrangling, it was over in 45 minutes.

- ETHAN DAVIES

The £160,000 Night & Day Cafe noise row came to a close yesterday.

In a short hearing in an almost-empty magistrates courtroom, District Judge Margaret McCormack found that the Northern Quarter venue's appeal against the noise abatement notice served by the council was unsuccessful. But although the notice stays in place, the bar scored a major victory as Judge McCormack said it will be subject to new noise limits designed by the expert it appointed.

It means, in effect, both sides have won their day in court. Manchester council successfully upheld the notice it served. Night & Day got the restrictions it advocated for.

A key aspect of the case was if the use of the bar as a nightclub, playing pre-recorded music in DJ sets, was a 'common and ordinary use' and if it was 'being conveniently done. If it was, then no nuisance could be found.

However, Judge McCormack found 'this activity was not being conveniently done' in Night & Day's case, as the neighbour who complained to the council 'was told there was nothing more the club could do' by management in meetings trying to sort the issue out.

"Their reputation lies, to a large part, in championing new acts," the judge explained in ruling what the venue's bread and butter is. "Such events finish at approximately 11pm."