Audrey Ferrie
Audrey is a graduate of the University of Glasgow and trained with Hughes Dowdall & Co., a well-known Glasgow firm specialising in criminal law. On qualification she joined the litigation team at Moncrieff Warren Paterson, Glasgow in 1979 as an assistant solicitor and remained with the firm through various mergers until her retirement in April 2022.
Audrey is established as a recognised expert in her field. She specialises in liquor, gambling and civic government licensing, with a particular focus on Scotland. She represents many well-known companies in the leisure and hospitality industry and appears regularly at licensing hearings throughout Scotland. Audrey is the Convenor a member of the Law Society of Scotland's Licensing Sub Committee and , a member of the Liquor Licensing Specialist Accreditation Panel. She was previously is also a member of the Scottish Tourism Alliance and the only Scottish member of the invitation-only Gambling Commission Industry Lawyers Group. She is a contributing editor to Smith & Monkcom: The Law of Gambling, 54th Edition. She is a member of the Glasgow Film Fundraising Committee.
Practice Area
Panel
- Scottish Panel
Experience
- Pinsent Masons LLP (1979 - 2022)
Membership
- Law Society of Scotland
Qualifications
- LLB (1977)
- Notary Public (1986)
Education
- University of Glasgow (1974 - 1977)
4 Contributions by Audrey Ferrie
PRACTICE NOTES
Acquiring, leasing and transferring Scottish licensed premises: practitioner guide to licensing boards, applications, operating/layout plans, timing, overprovision, and planning, building standards and food hygiene certificates, and provisional licences
Practice Note
This Practice Note sets out a high-level introduction and practical aid for solicitors, pointing to the matters to weigh up when buying or renting licensed premises in Scotland, noting the existence of separate licensing boards and their divisions, with variations in certain policies and application templates. Boards often require particular additional material when licensing applications are submitted. It outlines the core details that must be supplied by practitioners seeking premises or provisional premises licences, as well as variations and transfers of premises licences, including points to be assessed in respect of operating and layout plans. It is not meant to be an exhaustive statement of the law and does not address the full range of requirements of every licensing board in Scotland. It signposts the Licensing (Scotland) Act 2005 (L(S)A 2005), its numerous regulations, and assorted guidance produced by the Scottish Government and by individual licensing boards. Work on licensed premises is a specialist discipline...
Property
PRACTICE NOTES
Short-term let licences in Scotland: application, renewal, variation, exemptions, provisional and transfer processes, fees, determinations, offences and enforcement
A compulsory licensing regime for short-term let (STL) properties came into force on 1 October 2022 in Scotland. From that date, first-time STL operators must hold a licence before accepting reservations or hosting guests. Running an STL without a licence is an offence in criminal law, punishable on summary conviction by a fine of up to £2,500...
This Practice Note aims to set out how applications are made to the local authority (the ‘licensing authority’). It does not address planning matters or appeals against rejected STL applications. For guidance on when a licence is needed, see Practice Note: Short-term let licences–Scotland—requirements...
How to apply for a STL licence
Legislative background
Under Part 1 of the Civic Government (Scotland) Act 1982 (CG(S)A 1982), each licensing authority may specify activities that require a licence. For STL licensing, and subject to the modifications in the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, SSI 2022/32 (the 2022 Order), Schedules 2 and 1 of the CG(S)A 1982 apply. The procedure for applying for the grant and renewal of licences in CG(S)A 1982, Schedule 1, paragraph 1 has been amended to...
Property
PRECEDENTS
Precedent: Scottish licensed premises sale - missives clauses on premises licence transfer, major variation, gaming machine permits, seller warranties and suspensive conditions (L(S)A 2005)
1 Definitions
Completion – denotes the Date of Entry or, if later, the day the Price is paid and the purchase of the Property [ and Business ] is finalised under the Missives;
Business – denotes the [ insert number ] [ star, ] [ , hotel ] [ , restaurant ] [ , café ] [ , bar ] [ , public house ] enterprise conducted by the Seller at the Property, providing [ [ describe accommodation type eg rooms, apartment or hotel ] ] [ , the sale of food and beverage ] [ , weddings ] [ , conference centre ] [ , leisure centre ] [ , spa ] [ , golf course ] [ , hairdresser ] [ , on-site staff accommodation ] together with all other activities, including those ancillary, incidental to, or connected with such business;
Conclusion Date – means, unless stated otherwise, the first date on which the Missives bring about a concluded contract;
Date of Entry – signifies the date falling [ insert number ] Business Days after the Purification Date;
Licensing Board – signifies the licensing authority empowered to grant premises licences in terms of the
...
Property
PRECEDENTS
Scotland: Licensed premises leasing—style clauses on Permitted Use, Premises Licence and permits compliance, tenant covenants, and termination option on licence refusal or revocation
1 Definitions
[ Gaming Machine Permit • means the licensed premises gaming machine permit issued by the licensing authority pursuant to section 283 of the Gambling Act 2005 and the Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007 SSI 2007/505; ]
Licensing Board • means the licensing authority empowered to grant premises licences in terms of the L(S)A 2005;
[ Local Authority • means the local authority empowered by the Roads (Scotland) Act 1984 to issue a Street Café Permit; ]
L(S)A 2005 • means the Licensing (Scotland) Act 2005;
Permitted Use • [ means use of the Premises as an hotel or aparthotel falling within Class 7 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997 SI 1997/3061, together with ancillary [ insert details of additional facilities eg reception, offices, shop, meeting or conference rooms, breakfast room, restaurant, bar, lounge, kitchen, gym, laundry room ] or other suitable facilities, and, ancillary to that, the sale of food and drink for consumption on the Premises within Class 3 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997, SI 1997/3061; OR means use of the Premises as a restaurant and bar ...
Property
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