State of Andhra Pradesh - Act
Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2017
ANDHRA PRADESH
India
India
Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of License) Rules, 2017
Rule ANDHRA-PRADESH-EXCISE-GRANT-OF-LICENSE-OF-SELLING-BY-BAR-AND-CONDITIONS-OF-LICENSE-RULES-2017 of 2017
- Published on 23 June 2017
- Commenced on 23 June 2017
- [This is the version of this document from 23 June 2017.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Application.
- These rules shall apply for the grant of licence by bar, conditions governing thereof and transport of Indian Made Foreign Liquor and Foreign Liquor by such licensees.3. Definitions.
4. Licenses.
- (i) License in Form-2B may be granted to an establishment licensed by the local authority to serve food such as a Hotel or a Restaurant, for the sale of Indian Made Foreign Liquor and Foreign Liquor in glasses, pegs or in sealed bottles for consumption within the licensed premises but not for removing it out of the licensed premises. Such licence may be granted to the establishments functioning in Nagar Panchayats, Municipalities and within a belt area of 2kms from the periphery of such Municipalities and Municipal corporations and within a belt area of 5kms from the periphery of such Municipal Corporations and in Tourism Centers (except places of religious tourism) as notified by the Department of Tourism of the Central Government or by the State Government in the Tourism policy and in the tourism resorts registered with the Tourism Department in order to promote tourism in the State and Micro Brewery license holders.5. Licensing authority.
- The Commissioner of Prohibition and Excise shall be competent to grant prior clearance and the Deputy Commissioner shall be competent to grant the privilege of Bar. The Prohibition and Excise Superintendent shall issue the License in the prescribed Form.6. Existing licences granted under the Andhra Pradesh Excise (Grant of Licence of selling by Bar and Beer and Wine parlors and conditions of licence) Rules, 2005.
- The Andhra Pradesh Excise (Grant of Licence of selling by Bar and Beer and Wine parlors and conditions of licence) Rules, 2005 shall cease to operate on the commencement of these Rules and all the licensees who have been granted licenses under the Andhra Pradesh Excise (Grant of Licence of selling by Bar and Beer and Wine parlors and conditions of licence) Rules, 2005, and continued till the commencement of these Rules shall be entitled for grant of licenses under these Rules subject to payment of non-refundable application fee, non-refundable registration charge and license fee as prescribed and fulfillment of other conditions laid down under these Rules.7. Establishment of bars.
- Subject to such directions as may be issued by the Government from time to time, new bar licenses may be granted in Urban Local Bodies where there are either no bars or inadequate number of bars by following a population criteria of one bar upto 30,000 population and in its multiples.Provided that grant of licenses in Form-2B for star hotels (3-star & above), Micro Breweries and tourism centers (except religious tourism) as notified by the Department of Tourism of the Central Government or by the State Government in the Tourism policy and in the tourism resorts registered with the Tourism Department shall be on filing prescribed applications and subject to fulfillment of eligibility conditions, irrespective of population of the place.Provided further that all the existing licensees who are entitled for grant of licenses under Rule 6 shall file application online in Form-E1 for enrollment duly paying the non-refundable application fee, non-refundable registration charge and license fee as prescribed under these Rules and submit application form in Form-1B along with Form-BR1(system generated) on or before the last date and time notified by the license issuing authority for registration and grant of license.Provided also that in case the existing licensee who is entitled for grant of license under Rule 6 fails to apply on or before the last date and time notified or a bar licence other than that of star hotel (3- Star and above), Micro Brewery or Tourism Center is cancelled, such bar may be notified duly calling for applications for grant of fresh license.8. Procedure for selection of applicants for grant of license in Form-2B.
9. Application and procedure for grant of Licence.
10. Persons not eligible for grant of licence.
- The following persons are not eligible for grant of licences:-11. Restrictions on the grant of Licence.
12. Failure to comply with directions entails rejection of application.
- Failure to remit fees or to rectify the defects or to comply with other directions relating to the premises, within the time allowed shall entail rejection of an application.13. Period of the Licence and commencement of business.
- Every license shall be valid for five years commencing from 1st July of the first year ending with 30th June of the fifth year, subject to payment of licence fee and non-refundable registration charge as prescribed.Provided that the licence issued on or after the 1st July shall be valid up to the 30th June of the fifth year.Provided further that a licence granted for a part of the licence period shall be valid for such period as may be specified by the licensing authority.Provided also that every licensee shall commence his business from 1st July, or such other date as may be specified in the licence and shall keep the Bar open every day during the hours fixed till the expiry of the licence period with sufficient stock of Indian Made Foreign Liquor & Foreign Liquor unless the closure of the Bar is ordered by the competent authority for the period specified.Before issue of a licence, the licensee shall execute a counterpart agreement in Form-4B on the stamp paper of requisite value as per the provisions of the Indian Stamp Act, 1899.14. Non-refundable registration charge and License Fee.
| Sl. No. | Population | Non-refundable registration charge slab in Rs. | License fee slab in Rs. |
| 1 | Upto 50,000 | 8,00,000 | 2,00,000 |
| 2 | 50,001 to 5,00,000 | 18,00,000 | 2,00,000 |
| 3 | 5,00,001 and above | 28,00,000 | 2,00,000 |
15. Renewal of License.
- The licensee is eligible for renewal of his license subject to payment of non-refundable application fee, non-refundable registration charge and license fee as may be fixed and subject to fulfillment of other conditions, if there are no cases pending against the licensee for violation / contravention of license conditions or Rules.16. Transport permit.
- The transport permit may be issued authorizing movement of Indian Made Foreign Liquor and Foreign Liquor within the State from the units of the Government / Andhra Pradesh Beverages Corporation Ltd./ Andhra Pradesh State Beverages Corporation Ltd., to the licensed premises. Such transport shall be governed by Andhra Pradesh Excise (import, export and transport of Indian Made Foreign Liquor and Foreign Liquor - permits) Rules, 2005.17. Sale permitted at the licensed premises only.
18. License and plan of the licensed premises to be exhibited.
- The proforma licence shall be exhibited in a conspicuous place in the licensed premises. The Licensee shall also exhibit the approved drawings / plan of the licensed premises for verification by the Inspecting authorities.19. Hours of Business.
- The Licensee shall transact business from 10.00 AM to 11.00 PM.However, the restaurant may supply food till 12.00 Midnight or as notified by the Government from time to time.Provided that the Licensee in respect of (3) Star and above Hotels shall transact business from 10.00 AM to 12.00 Midnight.Provided also that the Commissioner of Prohibition & Excise with the approval of the Government may bring about any change during the course of licence period in the hours of business and the licensee shall observe such changed timings accordingly.20. Dry Days.
- The Licensed premises shall be closed and no business transacted on the following days declared as dry days:-21. Licensee not to transfer the licence without authority.
22. Licensee not to declare any person to be or not to be his partner.
- No licensee shall, except with the prior permission of the Commissioner of Prohibition and Excise get any other person included as partner to his business, or get an existing partner excluded so long as the partnership nature of the business does not change."Provided that the Commissioner of Prohibition and Excise may, after such enquiry as he deem fit, permit the licensee at his request, to get any person(s) included as partner(s) or exclude any existing partner(s), so long as the partnership nature of the business does not change, on payment of a fee of 5% of the non-refundable registration charge and license fee".Provided further that where there was dissolution of partnership it shall be notified to the Commissioner of Prohibition and Excise.23. On death of a licensee.
- A licence issued under these rules shall be only to the person named therein and on his death the heir or legal representative may apply for continuance of the licence for the leftover licence period in his name to the Commissioner of Prohibition and excise within thirty days of the death of the licensee. The Commissioner of Prohibition and Excise may, at his discretion, continue the licence in the name of the heir or legal representative of the deceased licensee, subject to fulfillment of eligibility conditions.24. Licensee not to stock unauthorized Indian Made Foreign Liquor and Foreign Liquor.
- The Licensee shall not stock or sell in the licensed premises Indian Made Foreign Liquor and Foreign Liquor except those stocks purchased from the wholesale depot of Government / Andhra Pradesh Beverages Corporation Ltd. / Andhra Pradesh State Beverages Corporation Ltd. of any kind which he is not authorized to buy, stock or sell under the provisions of Act or Rules, Regulations or Orders made thereunder.25. The licensee not to stock Indian Made Foreign Liquor or Foreign Liquor at unauthorized place.
- The licensee shall not stock Indian Made Foreign Liquor and Foreign Liquor in any place other than the licensed premises. The licensee shall be held responsible for any Indian Made Foreign Liquor and Foreign Liquor unauthorizedly kept outside or nearby the licensed premises.26. Licensee to sell Indian Made Foreign Liquor and Foreign Liquor of specified Strength.
- The Commissioner may, authorize the sale of any special brands of Indian Made Foreign liquor of weaker strength in a particular area, in a particular category of liquor, if he is satisfied with the wholesomeness or purity of such liquor.27. Indian Made Foreign Liquor or Foreign Liquor not to be adulterated.
- The Indian Made Foreign Liquor and Foreign Liquor offered for sale or stored in the licensed premises shall not be of substandard, deteriorated, spurious or adulterated and the licensee shall not tamper with the Indian Made Foreign Liquor and Foreign Liquor in any manner so as to alter their quality, strength, nature or quantity.28. Adulterated Indian Made Foreign Liquor or Foreign Liquor to be seized.
- It shall be competent for the inspecting officer, on finding any Indian Made Foreign Liquor and Foreign Liquor unfit for use, substandard, adulterated or spurious or in respect of which it is believed that some substance has been admixed so as to make it unfit for consumption by any process or manner, to stop it from being sold and to seize the same forthwith and take necessary further action as per the provisions of the Act.29. Indian Made Foreign Liquor and Foreign Liquor shall not be given or sold to certain persons.
- No Indian Made Foreign liquor or Foreign Liquor shall be sold or given to the following persons namely:-30. Restrictions on the sale of liquor to the customers.
- The licensee shall sell Indian Made Foreign Liquor and Foreign Liquor, Beer, Wine or Ready to Drink varieties, as the case may be, to the customers in sealed bottles, glasses or pegs for consumption within the licensed premises only but not for removing it out of the licensed premises.31. Bottles for sale to carry labels.
- Every bottle of Indian Made Foreign liquor or Foreign Liquor in a Bar shall carry Holographic Excise Adhesive label on the cap of the bottle in addition to the manufacturer's label as approved by the Commissioner of Prohibition and Excise.32. Sale of only duty paid Indian Made Foreign Liquor or Foreign Liquor.
33. Standard measures to be kept.
- The licensee shall use only standard measures, as may be prescribed by the Commissioner of Prohibition and Excise from time to time. The measures should be got duly stamped by the Department of Legal Metrology.34. Certain acts Prohibited in the licensed premises.
- Notwithstanding any permit/ licence granted by any authority, Gambling, dancing, any other acts of disorderliness or obscenity within the licensed premises shall be strictly Prohibited.35. Harbouring of certain persons Prohibited.
- Persons, who are known or believed to have been convicted of any non-bailable offences, who are prostitutes and habitual offenders, shall not be employed nor shall they be allowed to assemble or remain in the licensed premises, and if such persons visit licensed premises the matter shall be forthwith reported to the nearest Police Station by the licensee.36. Provision for a night watchman.
- No person other than a watchman shall be allowed to stay in the licensed premises during night time beyond the hours specified for closure of business.37. Employment of servants.
38. Intimation to Prohibition and Excise officer.
- The licensee shall give notice of three clear days about the arrival of any consignment to the Prohibition & Excise officer concerned so that he may have reasonable time and opportunity to inspect the consignment before the seals or packages are opened.If the consignment is not verified within the stipulated time mentioned in the rule the licensee can take the stocks into account and sell them.39. Consignments to be opened only in the presence of the Prohibition & Excise officer.
- The licensee shall open the boxes or packages of all Indian Made Foreign liquor and foreign liquors received in the licensed premises only in the presence of and after inspection by the local Prohibition & Excise officer or in his absence by any other Prohibition & Excise officer duly authorized in this behalf. If any box, packet, package or bottle is found doubtfully, carelessly or insufficiently sealed, the licensee shall produce it forthwith before the Prohibition & Excise officer for noting down such damages. The articles insecurely sealed or fastened may be returned by the licensee to the consigner with the prior approval of the Commissioner of Prohibition and Excise.The Commissioner of Prohibition and Excise may allow in such an event, replenishment of stock without fresh payment of duty. The Commissioner of Prohibition and Excise shall be competent to relax the application of this rule in special circumstances.40. No breakages or losses in transit allowed.
- The Licensee is not entitled as against the Government, to any compensation or refund or reduction of duty for any loss in breakage while stocks are in transit.41. Licensee to maintain accounts.
- The licensee shall maintain full and day to day accounts of Indian Made Foreign liquor and Foreign Liquor received and disposed of in Form-6B, the pages of which are machine numbered serially. He shall also maintain such other returns as may be required by the Commissioner of Prohibition and Excise, and he shall, for each month, send monthly statements and returns before the 5th of the following months in the forms as may be fixed by the Commissioner to the Prohibition and Excise Superintendent and local Prohibition & Excise Inspector. All registers should be got authenticated before use by the Prohibition & Excise Superintendent.42. Licensee to maintain brand-wise accounts.
- The licensee shall also maintain in the Daily Brand-wise account in Form 7B, and furnish a statement before the 5th of each month to the Prohibition. & Excise Superintendent and local Prohibition. & Excise Inspector. The register shall be got authenticated by the Prohibition. & Excise Superintendent before use and the pages machine numbered serially.43. Entries in the daily accounts register.
44. Statements of accounts to be furnished.
- The licensee shall furnish on requisition any statement of accounts, statistics or any other particulars to the licensing authority or to any other officer of the Prohibition & Excise Department not below the rank of a Prohibition & Excise Sub Inspector.45. Monetary transactions with officers Prohibited.
- Any kind of monetary transactions unconnected with the official purpose between the licensee and the personnel of the Prohibition & Excise, Police, Revenue Department and the personnel of the Andhra Pradesh Beverages Corporation Ltd / Andhra Pradesh State Beverages Corporation Ltd is strictly Prohibited.46. Officers authorized to inspect premises.
- Any officer not below the rank of an Prohibition & Excise Sub- Inspector may enter and inspect the licensed premises during the working hours and inspect and verify all the accounts, registers and stocks. It shall be competent for such inspecting officer to take such samples as might be necessary, or to take charge of such records and registers as might be necessary, and it shall be incumbent on the licensee to offer reasonable assistance for such inspecting officers to inspect, verify and to take samples. For any records removed from the premises, the Prohibition & Excise officer should give a receipt or in the alternative make an entry in the inspection book in this regard.47. Inspection book to be maintained.
- An inspection book in Form -8B, with machine numbered pages shall be kept in the shop for the use of the inspecting officers, and the licensee shall be responsible for the safe custody of it. The inspection book shall be the property of the Government and shall be handed over to the Prohibition & Excise officer concerned on expiry of the period of license.48. License to be surrendered to the licensing authority on expiry.
- Every license granted under these rules, either jointly or severally to the licensee (s) named therein shall on its expiry be deemed to have been surrendered by the licensee to the licensing authority.49. License to be cancelled under certain circumstances.
- If any licence or permit has been obtained by misrepresentation or by any other fraudulent means, the licence or permit so obtained is liable to be cancelled and the licensee or the permit holder is also liable for prosecution.50. Person holding more than one licence liable jointly and severally for all licenses.
- If any licensee holds more than one licence and if any one of them is suspended or cancelled under the provisions of the Act or the rules made thereunder, the Commissioner may, for reasons to be recorded in writing order that all or any of the remaining licences or permits be cancelled.51. Licensee to abide by the provisions of the Act etc.
- Every holder of the license under these rules shall comply promptly with all orders or directions issued from time to time under the Act, and the rules and orders made thereunder and shall abide by all the conditions of the licence.52. Suspension, withdrawal or cancellation of a licence.
- A licence may be suspended, cancelled or withdrawn in accordance with the provisions of Section 31 or 32 of the Act.53. Stocks on cancellation or withdrawal of licence.
- If a licence is cancelled or withdrawn during the currency of the Licence period the whole stock of Indian Made Foreign Liquor and Foreign Liquor found in the shop shall be seized. The stock so seized shall be sold by the Prohibition & Excise Superintendent to any other licensee(s) and the proceeds of the sale shall after deduction of the expenses and any other sum due to the government be refunded to the licensee provided that the licence is not cancelled on account of a Criminal case.54. Removal of difficulties.
- If there is any doubt or dispute regarding the application or interpretation of any of these rules, the decision of the Commissioner thereon shall be final.Form-E1(See Rule 7 & 8)Enrollment Form| Cr.No. | Date:... |
| Reg. No.___________ | Dated _________ |
| (1). Name of the Applicant | : | |
| (2). Father's Name | : | |
| (3). Full Residential Address | : | |
| (4). Age | : | |
| (5). Registered Mobile No. | : | |
| (6). Income Tax PAN | : | |
| (7). Aadhar Number | : | Form-2B or Form-2B(P) |
| (8). Category of license for which registrationsought | : | |
| (9). Nagar Panchayat Municipality/ MunicipalCorporation/Village in which the applicant intends to establishbar | : | |
| (10). Details of non-refundable registrationcharge paid | : | |
| a) Challan No. & Date | : | |
| b) Name of the sub-treasury | : | |
| c) amount | : | |
| This certifies that the applicant has registeredwith the licensing authority, duly paying the non-refundableregistration charge as required under the Rule 9 of ANDHRAPRADESH Excise (Grant of license of selling by Bar and conditionsof license) Rules 2017 for the above said license. | ||
| Prohibition & Excise Superintendent |
| {| |
| Affix |
| Affix passport size photograph |
1. East
2. West
3. North
4. South
______________ Municipal Corporation/Municipality/Nagar Panchayat/Village within the marginally noted boundaries during the licence period commencing from the 1st July, 20___ and ending with the 30th June, 20___ subject to the following conditions and stipulations to be observed by you the said viz.,1. No liquor shall be sold for removal from the licensed premises.
2. The licence holder may purchase or stock Indian Made Foreign Liquor and Foreign Liquor in bottles of all sizes including Ready to Drink varieties.
3. The licensee is prohibited from purifying, colouring and flavouring the liquor or making any material therewith and from blending another kind of liquor with it or to keep in his possession other than authorised liquor under this licence.
4. The Licensee is prohibited from bottling liquors.
5. The possession or sale of diluted beer by the licensee is prohibited.
6. All Indian Made Foreign Liquor and Foreign Liquor sold under this licence shall be duty paid and obtained from the wholesale depot of Government / Andhra Pradesh Beverages Corporation Limited / Andhra Pradesh State Beverages Corporation Limited.
7. The licensee shall maintain and furnish to the Prohibition and Excise Superintendent statistics showing the consumption of all kinds of liquors separately.
8. The licence shall be subject to cancellation or suspension at will by the Commissioner of Prohibition and Excise.
9. The Licensee shall not act in any manner prejudicial to the interest of the revenues of the Government.
Date: Day of _____20__Prohibition and Excise Superintendent.Form - 2B (P)(See Rule -4)(Licence for the sale of Beer, Wine and Ready to Drink varieties to be consumed on the premises)I, __________________Prohibition and Excise Superintendent _____ in consideration of the payment of license fee of Rs._____(Rs.______ only), the receipt of which is hereby acknowledged and hereby licence you _____ to sell all kinds of Beer, Wine and Ready to Drink varieties on the premises _________ bearing No._____the details of which area as follows:-Boundaries1. East
2. West
3. North
4. South
_____________ Municipal Corporation/Village within the marginally noted boundaries during the licence period commencing from the 1st July, 20___ and ending with the 30th June, 20___ subject to the following conditions and stipulations to be observed by you the said viz.,1. No Beer, Wine and Ready to Drink shall be sold for removal from the licensed premises.
2. The licence holder may purchase or stock Beer, Wine and Ready to Drink varieties in bottles of all sizes.
3. The licensee is prohibited from purifying, colouring and flavouring the liquor or making any material therewith and from blending another kind of liquor with it or to keep in his possession other than authorized stock under this licence.
4. The Licensee is prohibited from bottling liquors.
5. The possession or sale of diluted beer by the licensee is prohibited.
6. All Beer, Wine and Ready to Drink varieties sold under this licence shall be duty paid and obtained from the wholesale depot of Government / Andhra Pradesh Beverages Corporation Limited / Andhra Pradesh State Beverages Corporation Limited.
7. The licensee shall maintain and furnish to the Prohibition and Excise Superintendent statistics showing the consumption of all kinds of liquors separately.
8. The licence shall be subject to cancellation or suspension at will by the Commissioner of Prohibition and Excise.
9. The Licensee shall not act in any manner prejudicial to the interest of the revenues of the Government.
Date: Day of ____20___Prohibition and Excise Superintendent.Form - 4B(See Rule - 9)Counterpart Agreement to sell Indian Made Foreign Liquor, Foreign Liquor/Beer, Wine and Ready to Drink varieties (As required under Section 29 of the Andhra Pradesh Excise Act, 1968)I/ We ___________ s/o________ age________years have severally/ jointly obtained the License in Form ______ under the name and style of M/s ______________ at premises No.______for the period from _______to ________ on payment of non-refundable registration charge and Licence Fee/ Proportionate non-refundable registration charge and license fee of Rs._______.I/We do hereby affirm, agree and covenant with the licensing authority:i) That, I/We shall be severally/ jointly responsible to abide by the terms and conditions of the License as laid down in the license in Form-2B / Form-2B (P), dated _______and the Andhra Pradesh Excise (Grant of License of selling by Bar and conditions of licence ) Rules, 2017.ii) That, I/ We shall abide by the provisions of Andhra Pradesh Excise Act, 1968 and the Rules and Orders there under existing and also those that would be issued from time to time.iii) That, I/ We shall abide by all general conditions applicable to the sale of intoxicants and also the instructions issued by the Commissioner of Prohibition and Excise, in this regard from time to time.iv) That, I/ We shall be bound to pay the non-refundable registration charge and license fee, excise duty and security deposit or any enhanced non-refundable registration charge and license fee, excise duty and security deposit, and the like levied from time to time.v) That, I/ We shall be bound to pay the penalties or privilege fee levied from time to time.vi) That, I/ We hereby agree that the licence is liable to be cancelled on the basis of any adverse report of investigation for any lapse which amounts to contravention of any Rule or any condition of licence or any other provision of Law and also for any conviction in any criminal case at any time either in the past or in future.vii) If the license is surrendered in the middle of the lease period, I/ We shall not be eligible for refund of License Fee.viii) That, if I/ We fail to pay the non-refundable registration charge and license fee, Excise Duty, Penalties or Privilege fee etc., if any, due to the Government on time, the license is liable to be cancelled and the entire amount so due, without prejudice to any other mode of recovery, may be recovered by way of distraining my/ our movable and immovable property whatsoever I/ We possess and selling the said properties under the Andhra Pradesh Revenue Recovery Act.This agreement is executed in favour of the licensing authority and the said authority may enforce the above terms and conditions agreed to by me/ us.Place:Date:Signature of the Licensee/Licensees.Witnesses: 1.2.
I certify that Sri/ Sarvasri _________s/o _________R/o.H.No.________ Name of the locality, village or town ___________ is known to me / identified by Sri Sarvasri __________known to me, executed the agreement and signed before me.Signature of the Licensing AuthorityOfficial Designation and SealForm - 5B(See Rule-37)Nowkarnama| {| | |
| Here affix photograph, of the agent or theauthorised servant |
| (Separate page should be set apart for each type of liquor with an index in the front page of the Register) | |
| Name of the LicenseeLicense No. and Date |
| Sl.No. | Date, Month And year | Opening Stock | Receipts Issues | Issues | |||
| No. of Bottles | L/Q/P/N/ D | No. of Bottles | L/Q/P/N/D | No. of Bottles | L/Q/ P/N/ D | ||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Balance | No.of date of T.P. In respect of receipts Shownin col.5, 6 | Signature of the Licensee | Remarks | |
| No. of Bottles | L/Q/P/N/D | |||
| 9 | 10 | 11 | 12 | 13 |
| (Separate page should be set apart for each type of liquor with an index in the front page of the Register) | |
| Name of the LicenseeLicense No. and Date |
| Date | Item | Opening Stock | Receipts | Issues |
| L/Q/P/N/D | L/Q/P/N/D | L/Q/P/N/D | ||
| 1 | 2 | 3 | 4 | 5 |
| Balance | Signature of the Licensee |
| L/Q/P/N/D | |
| 6 | 7 |
| Gazette Serial No. ( ) | Date : | {| |
| Affix Passport Size Photograph of the |