It's the clash between the old Northern Quarter and the new. Costing £160,000, taking up days of court time, and needing 'Herculean' efforts in out-of-court negotiations - only to still need a judge to decide its outcome - the Night & Day noise row has been a neighbourly dispute unlike any other. But at the heart of it is the reality of how a special part of
Manchester City centre has changed into a place where people don't just work and play, but seek suburban lifestyles. When Night & Day opened in 1991, it was a pioneer on the rugged edge of the city centre. It was in a land of cheap rents, easy parking, and wholesalers. Now it's the land Chanel uses for its catwalks, and a very in-demand neighbourhood to live in. With an influx of residents into Manchester city centre, expectations of town have changed changed. And with them come demands that weren't made before - whether it's the clamour for green space and schools, calls for traffic restrictions, or noise complaints. Here, the M.E.N . looks at the wider ramifications of the verdict in a noise row which has been labelled 'a new risk to all nightlife in the Northern Quarter'. 'Sweet dreams' The row started nearly two and a half years, when Rex Chesney and his partner contacted the council's noise team at 1.50am and 2.12am about noise coming into their flat. The 'character' and 'vibrancy' of the Northern Quarter had been behind the decision to settle there, buying a flat in a converted warehouse entered via Dale Street, but sharing a wall with Night & Day on Oldham Street. But, in the early hours of November 13, 2021, they couldn't sleep for the
music coming from the venue - and were due in work early the next day. They called the council, and two officers came within minutes. Officers Lorraine Banbrick and Jonathon Mathers visited their home and stayed inside until 2.46am and felt the party next door was loud enough no-one could sleep. With some irony, it was the volume of Eurythmics' 1983 hit Sweet Dreams (Are Made of This) that caught the officers' ear. And so , after a meeting with Night & Day owners in the days following, the council issued a noise abatement notice (NAN), because Night & Day would not take any steps to address the noise nuisance, the council said. That led to a
Social Media storm and a petition which 99,000 people signed - including rockstars like The Courteeners, The Slow Readers Club, Elbow, Kasabian, Paulo Nutini, Arctic Monkeys, Manic Street Preachers, The Enemy, and Blossoms. Amid the fall out, Rex Chesney's partner would become 'a recluse' and 'lose 30kg', Rex claimed. Eventually, after the petition which called on the council to remove the NAN was unsuccessful, Night & Day launched a legal appeal. Now, that has concluded with a decision from District Judge Margaret McCormack’s — that the venue was creating a noise nuisance but it should be managed by restrictions its own expert designed. It’s a verdict that results in a ‘new risk to all nightlife in the Northern Quarter ’, according to the Music Venue Trust — but it also might have implications for the city centre as a whole. Hilton Street in the 1980s (Image: Manchester Libraries and Archives) How Night & Day was at the forefront of a Mancunian revolution — and how the world changed around it Contained within DJ McCormack’s findings was a statement that the Northern Quarter can be considered a ‘mixed use area’, where nightclubs are not necessarily the ‘common and ordinary’ use of premises. That’s a far cry from the early-90s, when Night & Day was established. Back then, the ‘Northern Quarter’ wasn’t even called that. It was a mish-mash of commercial wholesalers, sandwiched between the sunken flower beds of Piccadilly Gardens and the derelict mills of Ancoats. In that environment, Madchester-era venues like Dry Bar, and Night & Day were pioneers. That’s why Jennifer Smithson, Night & Day owner and daughter of its 'maverick' founder Jan Oldenburg, said she was ‘shocked’ to be on the witness stand at the first court hearings in November 2022 — which came a year after the noise abatement notice (NAN) was served. Night & Day founder, Jan Oldenburg, who sadly passed away age 71 in 2018 (Image: Manchester Evening News) “I thought the council would be really proud of what we've done for the city of Manchester,” she said. “I can't understand why the council thinks Night & Day have done something wrong.” But, as other shops, bars, and cafes moved into NQ, the area became desirable to move into. It’s no new trend, as the conversion of the warehouses on Dale Street in 2000, the ones Rex Chesney and his partner would later move into, shows. As time passed, the area’s reputation only grew — as did its desirability. In many ways, the 2022 planning approval for a 33-storey, 477-apartment tower on Port Street, less than half-a-mile from Night & Day shows how far the area has changed. As far as Night & Day were concerned, they were operating as they always had. But the council’s strategic lead for compliance and enforcement, Angela Whitehead revealed, it is ‘very, very rare’ for the authority to ‘prosecute people’. “And we rarely serve noise abatement notices but we do where we can because it’s our duty to do so,” she added when she took the stand in the final round of hearings in January 2024. 'The right to enjoy one's home' That duty, according to the council’s barrister in the case, is borne out of ‘a stark choice between the public being able to party as loud as they want against the right to enjoy one’s home’. “There’s a special importance that should be attached to enjoy the right of one’s home,” Leo Charalambides told the court in his closing submissions. “I am not sure there’s a special importance that should be attached to being able to hear Sweet Dreams Are Made Of This while you try to go to sleep.” Mr Charalambides added in those submissions that Jennifer Smithson had ‘stamped her feet in the playground and said “we were here first and we are going to do what we have always done”’ — which he said ‘made no difference’ to the case. His description was called ‘monstrously unfair’ by his opposite number, Sarah Clover. Jennifer Smithson, the daughter of Jan Oldenburg who founded Night & Day appears outside court in the hearing (Image: Vincent Cole - Manchester Evening News) 'Usages are changing' Ultimately, DJ McCormack sided with Mr Charalambides’ view on the noise nuisance, but with Ms Clover on how to mediate the issue - which was to use a noise limiting designed by an expert appointed by Night & Day, rather than by the council. The noise was a nuisance, she judged, because she found the use of the bar as a nightclub until the early hours at the weekend was not a ‘common and ordinary use’ of the land and it was not ‘being conveniently done’. “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.” In contrast, the use of the neighbouring bedroom to sleep was a 'common and ordinary use'. That’s despite the fact Night & Day is in the Northern Quarter, which everyone in the case recognised is a ‘lively and vibrant area’. But, as Manchester evolves, the court found the Northern Quarter’s ‘usages are changing’ — so it can be considered a mixed use neighbourhood of hospitality, business and residential. Following the culmination of the case, there have been noises made about the ‘agent of change’ planning policy — guidance which says an organisation bringing new land use to an area is responsible for managing the impacts of that change to the surrounding properties. How Night & Day Cafe looked on Oldham Street when it first opened (Image: Yan Oldenburg) If that had been in place when the Dale Street warehouses neighbouring Night & Day were converted, it would have required the developer to put in soundproofing, for example - or, if a club were to open next to apartments that were there before, they too would have to take steps to reduce the impact. It’s a policy called for by night-time
economy tsar Sacha Lord and the Greater Manchester Music Commission. It’s a policy that’s also in the mammoth Places for Everyone development blueprint that was adopted by nine boroughs only this week, which is in force until 2039. However this wasn’t applicable in the Night & Day case, according to the judge, who found that planning laws are not a substitute for the protection provided by common law from nuisance. Neither in this case was the fact the party wall between Night & Day and the neighbours was faulty - a point Night & Day relied on in their argument. “I have determined that a statutory nuisance existed, exercising the appropriate tests and as [case law] confirms ‘planning laws are not a substitute or alternative for the protection provided by the Common Law of Nuisance, or in this case the ‘safety net’ of Statutory Nuisance,” she said. That raises questions over the potential efficacy of ‘agent of change’ policy in Manchester, and the mixed-use Northern Quarter more specifically. And according to one expert in the case, the effectiveness of that policy might be tested more and more frequently. Residential creep "This is a problem for society and it's occurring more often. As our vibrant venues are having residential creep, this is happening more often,” Peter Rogers said in court. Mr Rogers was the expert appointed by Night & Day to carry out acoustic testing, and come up with recommendations on how to quell the problem. The court decided his set of restrictions — known as test profile one — would be ‘sealed in’ the mixing desk at the venue as the solution to the dispute. He went on: “It's difficult because [to control noise] you effectively have to create a box within a box. The intent for planning is to prevent this problem occurring in the first place. “That process has failed [in Night & Day’s case] and where we are today is a consequence of that. This is important to the heart and soul of Manchester as a city.” Piccadilly Records is a mecca for vinyl fans (Image: Manchester Evening News) And there are further signs this might happen in the Northern Quarter. When news of the NAN being served first broke, the Manchester Evening News spoke to multiple high-profile businesses in the area. One of those was Piccadilly Records, a staple in the neighbourhood since 1997. It’s known for giving fans a taste of tomorrow’s hits by playing them on its in-store stereo system. But that leaves its upstairs neighbours unhappy sometimes. “We’ve had complaints that we’re playing our records too loud,” owner Laura Kennedy claimed, adding that due to the design of the buildings, with steel support beams running from the floor to ceiling, noise can be carried through the shop and into the flats above. Nonetheless, the council says Night & Day's is 'an exceptional case', and that it remains supportive of music venues in the city. They dispute the idea that there is any kind of war on music. Nonetheless, with the centre's population expected to grow to 100,000 by 2026 - compared to less than 1,000 around the time Night & Day first opened - the demands of city centre's residents will get louder. Neil Fairlamb, its strategic director for neighbourhoods, said: “There has been a great deal of scaremongering around the recently concluded Night & Day case and some wild and inaccurate claims made about its implications, and the council's intentions. While we understand that this has been an emotive issue, it’s important that we deal in facts. “The council remains supportive of the city’s music scene and venues and nothing has changed in our approach as a result of this unfortunate episode. This has been an exceptional case, with a unique set of circumstances, and the suggestion that it somehow has wider threatening implications for venues is baseless. Indeed there is plenty of evidence to the contrary. "We are legally obliged to investigate noise complaints, and to take action where they cannot be resolved, but noise abatement notices are an absolute last resort. While noise complaints against venues are not uncommon, these are almost always resolved through dialogue and compromise without the need for further action. “We strove to do that in this case too but sadly it proved impossible and the venue brought a court action to challenge the noise abatement notice. The court found the notice had been correctly investigated and issued. The notice against the Night & Day is the ONLY such notice currently in force on a music venue. “The description of the Northern Quarter as 'mixed use' by the judge is nothing more than that – a description of the area as it is today consisting of a mix of
Late Night bars, restaurants, shops and residences. It should be obvious to anyone that this is an accurate description so the idea that this somehow has new implications is simply not true. “Every part of the city is, to a greater or lesser extent, mixed use – we don’t have defined zones like US cities – and different uses co-exist together. We want to reassure venues that we want to see them supported and thriving – not in decline as is the case across many parts of the country. “We will soon be launching the findings of a major independent review into the challenges faced by grassroots music venues in the city and how the council and its partners can support them. It will set out ways to champion Manchester’s music scene in the years ahead. “We regularly support music ventures across the city and have been involved in supporting number initiatives for the sector and the industry from Manchester Music City to Beyond The Music a a conference and festival which brings music industry leaders together to discuss challenges across the sector. “We are proud of the city’s cultural heritage which is why we have taken actions such as listing Hulme Hippodrome as an Asset of Community Value to support its future use as a venue and would use this mechanism again to protect cultural and music venues under threat. "National planning rules have also changed since the early 2000s which gives the council more of a legal role in ensuring that new properties are adequately soundproofed than we had at the time when the flat next to the Night & Day was created and we welcome this. We have always been clear that music is a key part of what makes Manchester great – venues and all who enjoy them should be reassured that we are not going to jeopardise that.”