Bruiser McHuge 589 Posted July 24, 2014 There's a case going on in Manchester whereby the Night and Day club is being sued by a local resident in a flat above it over noise from the bands in the club.....bearing in mind the club has been a music venue for years and the flats are very recent and obviously the resident knew he was moving over a live music venue when he moved in....now one resident is threatening the future of one of Manchester's iconic music venues and it could be closed.......very similar to this...it surely shouldn't be allowed 1 Share this post Link to post Share on other sites
oldace 1,678 Posted July 24, 2014 There's a case going on in Manchester whereby the Night and Day club is being sued by a local resident in a flat above it over noise from the bands in the club.....bearing in mind the club has been a music venue for years and the flats are very recent and obviously the resident knew he was moving over a live music venue when he moved in....now one resident is threatening the future of one of Manchester's iconic music venues and it could be closed.......very similar to this...it surely shouldn't be allowed On the face of it, no it shouldn't be allowed but without the full facts its hard to judge. Have they, like Mildenhall, pushed the boundaries of "reasonable expectation" to the point where a complaint is legitimate, Have a look around at other motor sport venues and you will see that, even though they were there long before any houses, the restrictions on how many days a year they can operate and the hours they can operate are very stringent. Noise nuisance isnt treated lightly (nor should it be) and the owners of mildenhall must have known they were on dangerous ground with their 3am operations Looks like the time has arrived for me to quit yet another BSF debate? And so a fond farewelll... The time for you to quit the bsf was long ago but you insist on continuing to make a fool of yourself on here day in day out. Do us all a favour and make your fond farwell permanent 2 Share this post Link to post Share on other sites
oldace 1,678 Posted July 24, 2014 I have now taken your advice and quit this debate as you may note? My advice was for you to quit the forum altogether Share this post Link to post Share on other sites
oldace 1,678 Posted July 25, 2014 Do you have Moderator status to do this? No, just the status of someone sick to death of a soppy old duffer cluttering up the forum with inane crap, making posts and later deleting them after they have been responded to making threads hard to navigate, constantly playing the "woe is me card" when anything on the forum isn't to his liking. And that's just your good points Share this post Link to post Share on other sites
pandorum 1,259 Posted July 25, 2014 Does this mean that the Yanks have to pull out of their base as well as I am sure that the noise from the airbase is louder than any from the speedway. I remember several times being blasted out of my slumber crashing in the car park as a Galaxy transport flew about what seemed like 10 feet above my head. With idiocy like this from the justice system speedway will have to shut up shop or just move over to pedal bikes. Share this post Link to post Share on other sites
Gatwick Rocket 53 Posted July 26, 2014 Sadly it is true that being there first counts for nothing in UK law, and a number of defendants have felt unjustly treated as a result. I recall a petition to then prime minister Gordon Brown to have this aspect of the law reviewed but I don't think anything became of it. The test is one of whether the noise disturbance is reasonable and in many people's view the noise of motorbike racing is unreasonable. I'm not a legal expert but I would have thought one-off instances would result in a warning and persistent complaints would result in action. Years ago I recall a situation where someone regularly complained about the speedway noise from Barrow stadium on nights when there was no racing taking place! They were deliberately complaining even when there was nothing to complain about to try and get the speedway closed down. One lesson from this is that speedway promoters could usefully measure their own noise so they have a record to aid their defence if needed. It leaves me feeling that without support of the local authority (or the local people!) speedway tracks will ultimately disappear. I wonder what would happen if a case was brought against a major football club over the noise and traffic disturbance made on Saturday afternoons and midweek evenings. I'm not pretending the complainants might win but the reasons given by the judge for allowing the football to continue would be valuable precedents for action against speedway stadiums. Maybe cases like this exist already? Share this post Link to post Share on other sites
AndyJ 95 Posted July 26, 2014 There's a case going on in Manchester whereby the Night and Day club is being sued by a local resident in a flat above it over noise from the bands in the club.....bearing in mind the club has been a music venue for years and the flats are very recent and obviously the resident knew he was moving over a live music venue when he moved in....now one resident is threatening the future of one of Manchester's iconic music venues and it could be closed.......very similar to this...it surely shouldn't be allowed Apparently nearly 75,000 people signed the "Night and Day" petition - still shy of the 100,000 needed by an epetition for House of Commons debate. It'd be interesting to see the outcome should a popular football club be embroiled in a similar case. Maybe that's what is needed to get this daft law rewritten.. source: http://www.mancunianmatters.co.uk/content/180769816-night-and-day-row-finally-over-noise-nuisance-ends-seven-nights-residents-claim-it Share this post Link to post Share on other sites
