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Night & Day: Manchester music venue sweating on noise court hearing outcome because of one posh resident

The council are all over the place on this
Sarah Clover, representing Night and Day, said the member of staff's version of events from the night was different to the council's - and CCTV showed him going to turn the music down after the conversation. Neither Ms Banbrick and Mr Mathers still had the notes they took on their phones on the night, with both claiming their notes were written into their statements.

Ms Banbrick wrote a statement five days later, but Mr Mathers' statement was written in April. Ms Clover said: "That's sloppy at best, suspicious at worst... it's particularly unacceptable when the council's case is founded on things that people have supposedly said and done on that night."

Both officers had previously been called out to the property, where a bedroom shares a party wall with Night and Day, and on each separate occasion they did not consider the complaint amounted to 'nuisance'. The court also heard that Manchester Council's environmental health officers, which dealt with the complaint, were not aware of a planning condition from before the flat was built which allowed noise of up to 35dB in the affected room.

Ms Clover suggested the council's teams were working 'in silos'. Ms Banbrick added: "Simply because a premises has permission to carry out an action under planning permission does not give it an automatic right to carry it out in any which way."
 
When I bought my flat in the vicinity of a night club I couldn’t even get a mortgage due to its proximity to said club (night time economy)

But I bought it anyways. 0400 kick outs are noisy and chaotic I bought a big bag of ear plugs for the summer craziness.

The reporting is painting a picture of
A single complainant. Which is a bit sus. On the news up here they are reporting that the bloke has really really made a meal of his “health” being effected
 
Despite me having you on ignore for over a year or so, and me never replying to any of your endless petty personal digs, it seems you just can't stop yourself showboating away. I won't be giving you the reaction or response you so clearly crave but if you continue this behaviour, I'll ask the mods if mutual ignore would be a better option. If you wish to discuss this further, kindly this take it to the mods forum.

Oh and goodbye.
Take this to the mods forum? :D Yeh give me access and we'll chat there. You haven't had me on ignore for more than a year, as your replies to my posts over that period show. Eg this from 3 Sept Opinion: "The End of Meat Is Here" - NY Times you said you were going to ignore me for a couple of days in April this year, search your posts if you don't believe me. More than a year? Tosh. You've replied to me 30+ times in the period you claim you've had me on ignore and "not been responding to me". Don't see how you can ask for mi in good conscience given the divergence between what you say and the facts
 
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It's going to be difficult for the venue if they still don't know if they have a viable future or not.

The developer and the council should be in court, not the club owner.
I don't envy the booker as band agents will be wary about the viability of the business. Lots of tours being booked for May at the moment.
 
The council are all over the place on this
I wouldn't interpret it that way. It seems like the council workers have been out to the flat various times with mixed findings. It might be that they're prone to confusion, but I think it's more likely that the level of noise coming through the wall is just not constant, consistent or predictable. If so, that means two things:

1) The idea that the resident complaining is living through an unending hell of thud thud thud throughout the night might be overstating it.

2) If N&D can be a viable business without being a noise nuisance some of the time, there's probably no good reason why it needs to be a noise nuisance at all. Ergo, the issue might just be that N&D has to accept it has a responsibility to control the level of noise it emits.

The thing that bugs me, to be honest, it the idea of a wealthy business women launching a social media campaign to demonise a random joe, in an attempt to steamroller the council.

The complainant has a right to complain, and they might even have a point. If they don't, there's a process to decide. But they're within their rights either way. And what they get is half of Manchester, plus plenty of people who've never been to Manchester, calling them a cunt on social media, whipped up by a bullying campaign unleashed by someone who is guilty of a much greater degree of poshness than they probably are.
 
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I don't envy the booker as band agents will be wary about the viability of the business. Lots of tours being booked for May at the moment.
the only reason anyone would be wary of the viability of the night and day's business is because the business themselves made this dubious claim a key plank of their current media campaign
 
the only reason anyone would be wary of the viability of the night and day's business is because the business themselves made this dubious claim a key plank of their current media campaign
You obviously don't like the place but dubious is a bit harsh given the current economic climate especially the energy prices and increased staffing and talent costs post-Covid.
I think why this gets emotional is people are seeing it as an issue of having city centre nightlife versus city centre property developers always getting their way and the latter are always going to have deeper pockets. Raheem's comments on poshness are very interesting in this respect though.
 
The developing in this case was done almost a quarter of a century ago, I don't think they're involved at all. It's city centre residents interests vs city centre business interests - there's always going to be occasional tensions between these two groups in a mixed area like the northern quarter (although tbf I'm only aware of the Night and Day having issues - but I guess they might just have the most effective media campaigns). I don't think automatically supporting the businesses in these cases without carefully looking at what else is going on is very fair is all.
 
Right so on 2 visits by the council they felt the noise wasn't a nuisance but on the third visit they 'felt' it was a nuisance even though they didn't bother to measure the sound levels. :facepalm:

Also planning permission stated that the sound level in the bedroom should be no higher than 35dB which is just over a whisper so clearly the developer didn't comply with the planning permission. :(
 
The thing that bugs me, to be honest, it the idea of a wealthy business women launching a social media campaign to demonise a random joe, in an attempt to steamroller the council.
How wealthy is she, exactly? There aren't many independent venues raking it in these days.
 
There's a thread on here about buying a house asking what the process is and for advice. Some of the advice given is to visit the area at different times of day and night to see what it's like and to talk to neighbours (may be difficult with it being flats). Muppet clearly hasn't done his research and now wants to complain about the noise. :facepalm:

There is a pub that has loud music several times a week that's no more than 200m from my house and you can sometimes hear it through closed double glazed windows albeit quiet. Have I complained in the 26 years I've lived here? Am I likely to complain in my remaining time here, however long that may be? No. Because I knew there was a fucking pub just down the road.

Wouldn't have thought there would be so many nimbys on these boards. :(
 
I'll admit I'm not an expert at reading company accounts, but that doesn't look like the accounts of a venue at risk of going under if it has to turn the volume down a bit after midnight
I'm just nosey and it's all on companies house. I'm no financial expert either but they look to be quite healthy accounts. She should probably buy the flat.
 
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There's a thread on here about buying a house asking what the process is and for advice. Some of the advice given is to visit the area at different times of day and night to see what it's like and to talk to neighbours (may be difficult with it being flats). Muppet clearly hasn't done his research and now wants to complain about the noise. :facepalm:

There is a pub that has loud music several times a week that's no more than 200m from my house and you can sometimes hear it through closed double glazed windows albeit quiet. Have I complained in the 26 years I've lived here? Am I likely to complain in my remaining time here, however long that may be? No. Because I knew there was a fucking pub just down the road.

Wouldn't have thought there would be so many nimbys on these boards. :(
When I moved into in Brixton, I knew there'd be all night parties and noise. And there's been lots of those and while I may have moaned about some people really taking fucking liberties, I have never, ever lodged a noise complaint and never will.
 
When I moved into in Brixton, I knew there'd be all night parties and noise. And there's been lots of those and while I may have moaned about some people really taking fucking liberties, I have never, ever lodged a noise complaint ad never will.
One of my favourite early hours activities is hanging out my window breaking up street beatings with my insanely powerful sexy strobe torch

klarus XT21X 4000 Lumen Rechargeable Torch, 316Metres Beam Distance Powerful Tactical Torch, IPX8 Waterproof Flashlight​

I can see the bouncers laughing as drunk as fuck punchy punters try and work out where the police helicopter is

If I complained about the noise my neighbour pub/club manager) would revoke my boozer dog walking privileges

Sometimes I just shout “Jesus is watching you!”
 
One of my favourite early hours activities is hanging out my window breaking up street beatings with my insanely powerful sexy strobe torch

klarus XT21X 4000 Lumen Rechargeable Torch, 316Metres Beam Distance Powerful Tactical Torch, IPX8 Waterproof Flashlight​

I can see the bouncers laughing as drunk as fuck punchy punters try and work out where the police helicopter is

If I complained about the noise my neighbour pub/club manager) would revoke my boozer dog walking privileges

Sometimes I just shout “Jesus is watching you!”
I think you've walked past me in the street
 
That article mentioned a 35db limit.

I've read another article (sorry, don't have a link) that mentioned that limit but also that measuring noise by the DJ desk resulted in a max of 34db being recorded. Although I've also read in other articles too that the council lost/failed to keep notes/records. (Shambolic, but that's the council for you.)

If that's the case, it would seem that the venue was arguably keeping within the limit, but I guess the human brain doesn't make that distinction, doesn't have a neat cut-off point whereby 34db doesn't cause a disturbance, doesn't interfere with sleep, but do so as soon as it hits 35db.

Also, maybe 34db would be all right, if the developers hadn't cheapskated and fucked up the sound insulation? They should be held responsible for that and made to fund remedial works.

(Although the music venue trust has called for the council to buy the flat.)
 
I wouldn't interpret it that way. It seems like the council workers have been out to the flat various times with mixed findings. It might be that they're prone to confusion, but I think it's more likely that the level of noise coming through the wall is just not constant, consistent or predictable. If so, that means two things:

1) The idea that the resident complaining is living through an unending hell of thud thud thud throughout the night might be overstating it.

2) If N&D can be a viable business without being a noise nuisance some of the time, there's probably no good reason why it needs to be a noise nuisance at all. Ergo, the issue might just be that N&D has to accept it has a responsibility to control the level of noise it emits.

The thing that bugs me, to be honest, it the idea of a wealthy business women launching a social media campaign to demonise a random joe, in an attempt to steamroller the council.

The complainant has a right to complain, and they might even have a point. If they don't, there's a process to decide. But they're within their rights either way. And what they get is half of Manchester, plus plenty of people who've never been to Manchester, calling them a cunt on social media, whipped up by a bullying campaign unleashed by someone who is guilty of a much greater degree of poshness than they probably are.
I read an article that mentioned a limit of 35db being in place. But council officers had measured noise of 34db. So it probably won't matter if they stick to the letter of the law, if the noise is approaching the limit, they're going to get complained about. Because the residents were finding it unbearable even when not in breach. And the article shared above in this thread mentions two visits when the noise didn't breach limits. So the residents are clearly of the attitude/belief that the noise is interfering with their sleep/'quiet' enjoyment of their flat, even when the venue hasn't breached the noise limit. And that's due to the developer's failures. And the council's failures to enforce the planning consent stipulations.
 
That article mentioned a 35db limit.

I've read another article (sorry, don't have a link) that mentioned that limit but also that measuring noise by the DJ desk resulted in a max of 34db being recorded. Although I've also read in other articles too that the council lost/failed to keep notes/records. (Shambolic, but that's the council for you.)

If that's the case, it would seem that the venue was arguably keeping within the limit, but I guess the human brain doesn't make that distinction, doesn't have a neat cut-off point whereby 34db doesn't cause a disturbance, doesn't interfere with sleep, but do so as soon as it hits 35db.

Also, maybe 34db would be all right, if the developers hadn't cheapskated and fucked up the sound insulation? They should be held responsible for that and made to fund remedial works.

(Although the music venue trust has called for the council to buy the flat.)
in realith there isn't a noticeable difference between 34db and 35 dB.
 
Planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities (such as places of worship, pubs, music venues and sports clubs). Existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established. Where the operation of an existing business or community facility could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant (or ‘agent of change’) should be required to provide suitable mitigation before the development has been complete

this paragraph from the national planning policy framework is pretty clear that it's the responsibility of the incoming user/person affected to sort out noise, not the existing user. not sure why the council have employed this argument.
[/QUOTE]
 
in realith there isn't a noticeable difference between 34db and 35 dB.
That was my point. That having an arbitrary cut-off point is always going to be problematic because of that. Because if the noise is 34 or 35 decibels, the impact is likely to be the same/very similar. (Although isn't the dB scale logarithmic?)

And it also depends on individual people's hearing. A level of 34db might be annoying to some and disrupt their sleep, but another resident who has some level of hearing impairment or hearing loss - which might've been something they were born with or acquired at some point in their life or just happened naturally as their hearing degenerated with age - might not suffer sleep disturbance because of it?
 
34dB is incredibly quiet, and an utterly ridiculous target for any sort of city centre location. The usual background level in most suburban homes will be significantly higher than that. For context, a beautifully quiet library would be around 40dB or more.

Exactly. That would be impossible to achieve. Is that what it says in their licence?

I’m lying in bed, in a basement at the back of a house with no traffic outside. Just a helicopter in the far distance and this is what my (admittedly not calibrated and free) app reads.

42D5861F-59F5-40E1-A19D-CC54AA522BA9.png
 
Exactly. That would be impossible to achieve. Is that what it says in their licence?

I’m lying in bed, in a basement at the back of a house with no traffic outside. Just a helicopter in the far distance and this is what my (admittedly not calibrated and free) app reads.

View attachment 355058

If I hold my breath it gets to just below 40dB. Briefly!

:D
 
34dB is incredibly quiet, and an utterly ridiculous target for any sort of city centre location. The usual background level in most suburban homes will be significantly higher than that. For context, a beautifully quiet library would be around 40dB or more.
I can't believe any one would set such a ridiculously low limit for a city centre

Levels-Of-Noise-In-Decibels.jpg
 
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