UPDATE: 21 January 2014
Night & Day have released a statement on their website.
'We are currently in talks with the council and several acoustic engineers on adding extra sound proofing to the venue. We are doing everything we possibly can to resolve the issue. Again this will cost us a significant amount of money and we have in the past spent tens of thousands sound proofing the venue.
'We would like to clarify some things in regards to the statement made by the council last week and some comments that may have appeared in the media regarding communication. We rang the council as soon as we received the notice and have contacted them daily since it arrived. We also spoke to them about the situation before the notice was issued.
We are not here to launch a hate campaign on any individual or Manchester City Council, we simply want to be allowed to continue to put on exciting events in the best way possible and will always cooperate regarding any issues we may cause in doing so.'
In response, the original complainant over noise who represents several of the flat owners told Confidential this morning: "We never wanted Night & Day to have to go to the expense of hiring sound engineers and and then maybe installing sound proofing. We never wanted the place to be threatened with being put out of business. We knew about the venue when we moved in and we respect what it brings the city.
"We'd like to ask Night & Day to come to the flats with their sound engineers and with the council and then we can set a level that suits everybody. Maybe the bar could have a limiter so if sound levels are too high than the music cuts out.
"I repeat we really want to work with Night & Day to resolve this."
Meanwhile, turning up the heat and pulling the heart strings, Guy Garvey of Elbow has stuck his oar in with a Guardian interview.
THE TOPIC of Night & Day's future and potential closure has been making collars hot across the city over the past couple of days. Even more so since heavyweight musical figures such as Johnny Marr and Tim Burgess waded in to the fray.
It's gone all viral. The petition created by the Northern Quarter music bar has now reached 58,864 signatures and is still growing.
"This whole thing has gone to an extreme level and we feel it's now being used to gain customers and popularity. The notice doesn't mention closure and Night and Day have gathered the petition under false pretences. We don't want it closed.
But Confidential understands there are two sides to every story.
Initially, we spoke to the father and daughter duo behind Night & Day, Jan and Jen Oldenburg, to find out what was going on. They had this to say.
Night and Day
Since then we've been in contact with the complainant, Councillors and the Council regarding the issue. So here it all is:
The Complainant (wishes to remain anonymous):
"Myself and my partner moved into the flat in May last year and between May and October it was fine. We didn't hear a peep. But then they turned the volume up from October. It's the bass and the drums. Even the council could clearly hear it when they came to monitor the noise.
"I contacted Night & Day via their Facebook page and Jen [Oldenburg] got in contact. I tried to communicate that I wanted to work with them, not against them. I asked if they'd turned the music up but she was adamant they hadn't and we should move out if we didn't like it.
"I did warn them I'd get in contact with the council if it continued but they still refused to work with us. I've spoken to other residents in this building including one who has been here for twelve years and never had an issue. One resident said they've complained to the council before but it was all brushed under the carpet."
Complainant supporter
"This whole thing has gone to an extreme level and we feel it's now being used to gain customers and popularity. The notice doesn't mention closure and Night & Day have gathered the petition under false pretences. We don't want it closed.
"It's taken over our lives. It's become unbearable. We can't sleep. We've had death threats. The phone keeps ringing. Night & Day have edited their Facebook page to show only those in support.
"Manchester has grown and residents and bars need to work together. I do feel for them but they've brought it on themselves. We wanted to work with them. I even invited them in to the flat to hear it for themselves.
"I feel strongly that the notice should stay in place until a solution has been reached. Night & Day have not announced that they are actually now working with the council, they're just letting it all unfold. The petition has more than 50,000 signatures but the council have told us they will not remove the notice."
Councillor Joan DaviesCouncillor Joan Davies:
"As a city centre councillor I have checked with our Environmental Health team and I'm pleased to hear that reports of the imminent death of Night & Day are wide of the mark. I really support Manchester’s resurgent live music scene and also the return to city centre living. We all need to live and work together; occasionally we need the help of council officers to help this happen.
The club managers, acousticians, residents and I are talking to one another to reach a solution. These things can be resolved with a mix of tolerance, patience, and expertise. Rarely are successful cities built or revived on an ‘I was here first’ basis. We can be more resourceful in Manchester."
Councillor Kevin Peel (via citycentrelabour.org.uk):
“I’ve been attending gigs at Night & Day for many years and think it's 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.
Councillor Kevin Peel"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.
“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.”
The Council issued this statement:
"We're legally obliged to investigate all complaints about noise nuisance. After receiving a series of complaints about the venue from one resident, we have spent several months trying to work with both parties but have now been forced to serve a noise abatement notice.
"However, this does not mean we are trying to close the Night & Day down, or that we do not support the city centre's long established live music scene. We now intend to work with the venue's management and the complainant to find a way of resolving the matter."
Town Hall
Night & Day owner Jan Oldenburg:
"I'm being portrayed as uncooperative. I will happily work with anyone but turning down the music will spoil the party. They want me to turn the music down so it's not as loud but that's a compromise that means we can no longer do live music. It's a stealthy way of closing us.
"I want to put on top notch gigs and they're saying we want to close you down. I've even looked at buying the flat in question.
"We've spent £30,000 here insulating and people are still objecting. We do check our sound levels and amplifiers, but we need the music to be loud enough to hear. Bands will stop coming to play. We need the bands to stay open."
Night & Day received the Statutory Nuisance Abatement Notice on Wednesday 15 January. They have 21 days to appeal.
We'll be following the progress.
Follow Niamh on twitter @missnspence
