Common use of Defined Words Clause in Contracts

Defined Words. The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish & Newcastle Pub Company Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFC; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor of the property within the meaning of Section 19 of the Licensing (Scotland) Act 2005; Drinks all beverages; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to us. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954; IFC the UK Pub Industry Framework Code of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that document; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited accountancy firm approved and appointed by us providing innside track services; Innside track services an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (a) monthly management accounts; (b) 12 wet stock-takes per year or 9 stock-takes per year where the business sells food (in each case at intervals as may be agreed with us); (c) quarterly VAT returns; (d) the determination of an accounting year for the business; and (e) the preparation of a year end account for the business within 6 months of the end of each accounting year; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; Month calendar month; Personal licence a licence granted to an individual within the meaning of Section 71 of the Licensing (Scotland) Act 2005; Premises licence the licence granted for the property within the meaning of Section 17 of the Licensing (Scotland) Act 2005 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends;

Appears in 1 contract

Samples: www.starpubs.co.uk

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Defined Words. SAMPLE The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms (and, in addition, those terms set out in the Lease Particulars at Chapter 2) have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish Star Pubs & Newcastle Pub Company Bars Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFCPubs Code; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor premises manager of the property within the meaning of Section 19 of supervisor the Licensing (Scotland) Act 2005Xxx 0000; Drinks all beverages; EPOS means electronic point of sale equipment connected electronically between the property and such office as we may specify from time to time; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to usyou. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware xxxx cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954; IFC the UK Pub Industry Framework Code of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that documentXxxxxx Xxx 0000; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation review date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited licensed trade accountancy firm approved and appointed by us providing innside track services; Innside track services (a) an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (ai) monthly management accounts; (bii) 12 wet stock-takes per year or 9 12 wet and dry stock-takes SAMPLE per year where the business sells food and there is over £500 per week in food sales (in each case at intervals as may be agreed with us); (ciii) quarterly VAT returns; (div) the determination of an accounting year for the business; and (ev) the preparation of a year end account for the business within 6 months of the end of each accounting year; and (b) the provision of EPOS to the property; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding (c) our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; SAMPLE Month calendar month; Personal licence a licence granted to an individual within the meaning of Section 71 of the Licensing (Scotland) Act 2005Xxx 0000; Premises licence the licence granted for the property within the meaning of Section 17 of the Licensing (Scotland) Act 2005 Xxx 0000 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Pubs Code means the Pub Sector - Scotland Code of Practice effective from 21 July 2016 including any revision or amended version of that document Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every means each fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends; Schedule of Condition means the schedule of condition prepared by [Xxxxxxx Xxxxx Xxxxxxx] and dated [ ], a copy of which is annexed and executed as relative to this lease;

Appears in 1 contract

Samples: www.starpubs.co.uk

Defined Words. The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms (and, in addition, those terms set out in the Lease Particulars at Chapter 2) have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish Star Pubs & Newcastle Pub Company Bars Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFCPubs Code; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor premises manager of the property within the meaning of Section 19 of supervisor the Licensing (Scotland) Act 2005Xxx 0000; Drinks all beverages; EPOS means electronic point of sale equipment connected electronically between the property and such office as we may specify from time to time; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to usyou. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware xxxx cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954; IFC the UK Pub Industry Framework Code of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that documentXxxxxx Xxx 0000; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation review date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited licensed trade accountancy firm approved and appointed by us providing innside track services; Innside track services (a) an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (ai) monthly management accounts; (bii) 12 wet stock-takes per year or 9 12 wet and dry stock-takes per year where the business sells food and there is over £500 per week in food sales (in each case at intervals as may be agreed with us); (ciii) quarterly VAT returns; (div) the determination of an accounting year for the business; and (ev) the preparation of a year end account for the business within 6 months of the end of each accounting year; and (b) the provision of EPOS to the property; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding (c) our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; Month calendar month; Personal licence a licence granted to an individual within the meaning of Section 71 of the Licensing (Scotland) Act 2005Xxx 0000; Premises licence the licence granted for the property within the meaning of Section 17 of the Licensing (Scotland) Act 2005 Xxx 0000 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Pubs Code means the Pub Sector - Scotland Code of Practice effective from 21 July 2016 including any revision or amended version of that document Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every means each fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends; Schedule of Condition means the schedule of condition prepared by [Xxxxxxx Xxxxx Xxxxxxx] and dated [ ], a copy of which is annexed and executed as relative to this lease;

Appears in 1 contract

Samples: www.starpubs.co.uk

Defined Words. The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish & Newcastle Pub Company Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFC; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor of the property within the meaning of Section 19 15 of the Licensing (Scotland) Act 2005Xxx 0000; Drinks all beverages; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to usyou. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware xxxx cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954Xxxxxx Xxx 0000; IFC the UK Pub Industry Framework Code of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that document; Implied easements those easements and other matters referred to in Section 62 Law of Property Xxx 0000; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited accountancy firm approved and appointed by us providing innside track services; Innside track services an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (a) monthly management accounts; (b) 12 wet stock-takes per year or 9 stock-takes per year where the business sells food (in each case at intervals as may be agreed with us); (c) quarterly VAT returns; (d) the determination of an accounting year for the business; and (e) the preparation of a year end account for the business within 6 months of the end of each accounting year; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations covenants in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding (c) our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; Month calendar month; Order the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; Personal licence a licence granted to an individual within the meaning of Section 71 111 of the Licensing (Scotland) Act 2005Xxx 0000; Premises licence the licence granted for the property within the meaning of Section 17 11 of the Licensing (Scotland) Act 2005 Xxx 0000 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends;

Appears in 1 contract

Samples: www.starpubs.co.uk

Defined Words. SAMPLE The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish & Newcastle Pub Company Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFC; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor of the property within the meaning of Section 19 15 of the Licensing (Scotland) Act 2005Xxx 0000; Drinks all beverages; EPOS means electronic point of sale equipment connected electronically between the property and such office as we may specify from time to time; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to usyou. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware xxxx cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954Xxxxxx Xxx 0000; IFC the UK Pub Industry Framework Code Implied easements those easements and other matters referred to in Section 62 Law of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that documentProperty Xxx 0000; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation review date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited licensed trade accountancy firm approved and appointed by us providing innside track services; Innside track services (a) an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (ai) monthly management accounts; (bii) 12 wet stock-takes per year or 9 12 wet and dry stock-takes SAMPLE per year where the business sells food and there is over £500 per week in food sales (in each case at intervals as may be agreed with us); (ciii) quarterly VAT returns; (div) the determination of an accounting year for the business; and (ev) the preparation of a year end account for the business within 6 months of the end of each accounting year; and (b) the provision of EPOS to the property; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations covenants in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding (c) our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; SAMPLE Month calendar month; Personal licence a licence granted to an individual within the meaning of Section 71 111 of the Licensing (Scotland) Act 2005Xxx 0000; Premises licence the licence granted for the property within the meaning of Section 17 11 of the Licensing (Scotland) Act 2005 Xxx 0000 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Pubs Code means the Pubs Code etc. Regulations 2016 issued pursuant to the Small Business Enterprise and Employment Xxx 0000 Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every means each fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends; Schedule of condition means the schedule of condition prepared by [Xxxxxxx Xxxxx Xxxxxxx] and dated  , a copy of which is annexed to this lease at the Appendix;

Appears in 1 contract

Samples: www.starpubs.co.uk

Defined Words. The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms (and, in addition, those terms set out in the Lease Particulars at Chapter 2) have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish Star Pubs & Newcastle Pub Company Bars Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFC; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor of the property within the meaning of Section 19 of the Licensing (Scotland) Act 2005; Drinks all beverages; EPOS means electronic point of sale equipment connected electronically between the property and such office as we may specify from time to time; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to usyou. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954; IFC the UK Pub Industry Framework Code of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that document; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation review date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited licensed trade accountancy firm approved and appointed by us providing innside track services; Innside track services (a) an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (ai) monthly management accounts; (bii) 12 wet stock-takes per year or 9 12 wet and dry stock-takes per year where the business sells food and there is over £500 per week in food sales (in each case at intervals as may be agreed with us); (ciii) quarterly VAT returns; (div) the determination of an accounting year for the business; and (ev) the preparation of a year end account for the business within 6 months of the end of each accounting year; and (b) the provision of EPOS to the property; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; Month calendar month; Personal licence a licence granted to an individual within the meaning of Section 71 of the Licensing (Scotland) Act 2005; Premises licence the licence granted for the property within the meaning of Section 17 of the Licensing (Scotland) Act 2005 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends;

Appears in 1 contract

Samples: www.starpubs.co.uk

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Defined Words. The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish & Newcastle Pub Company Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFC; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor of the property within the meaning of Section 19 15 of the Licensing (Scotland) Act 2005Xxx 0000; Drinks all beverages; EPOS means electronic point of sale equipment connected electronically between the property and such office as we may specify from time to time; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to usyou. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware xxxx cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954Xxxxxx Xxx 0000; IFC the UK Pub Industry Framework Code Implied easements those easements and other matters referred to in Section 62 Law of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that documentProperty Xxx 0000; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation review date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited licensed trade accountancy firm approved and appointed by us providing innside track services; Innside track services (a) an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (ai) monthly management accounts; (bii) 12 wet stock-takes per year or 9 12 wet and dry stock-takes per year where the business sells food and there is over £500 per week in food sales (in each case at intervals as may be agreed with us); (ciii) quarterly VAT returns; (div) the determination of an accounting year for the business; and (ev) the preparation of a year end account for the business within 6 months of the end of each accounting year; and (b) the provision of EPOS to the property; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations covenants in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding (c) our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; Month calendar month; Personal licence a licence granted to an individual within the meaning of Section 71 111 of the Licensing (Scotland) Act 2005Xxx 0000; Premises licence the licence granted for the property within the meaning of Section 17 11 of the Licensing (Scotland) Act 2005 Xxx 0000 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Pubs Code means the Pubs Code etc. Regulations 2016 issued pursuant to the Small Business Enterprise and Employment Xxx 0000 Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every means each fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends; Schedule of condition means the schedule of condition prepared by [Xxxxxxx Xxxxx Xxxxxxx] and dated  , a copy of which is annexed to this lease at the Appendix;

Appears in 1 contract

Samples: www.starpubs.co.uk

Defined Words. The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms (and, in addition, those terms set out in the Lease Particulars at Chapter 2) have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; SAMPLE Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish Star Pubs & Newcastle Pub Company Bars Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFCPubs Code; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor premises manager of the property within the meaning of Section 19 of supervisor the Licensing (Scotland) Act 2005; Drinks all beverages; EPOS means electronic point of sale equipment connected electronically between the property and such office as we may specify from time to time; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to us. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954; IFC the UK Pub Industry Framework Code of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that document; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited accountancy firm approved and appointed by us providing innside track services; Innside track services an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (a) monthly management accounts; (b) 12 wet stock-takes per year or 9 stock-takes per year where the business sells food (in each case at intervals as may be agreed with us); (c) quarterly VAT returns; (d) the determination of an accounting year for the business; and (e) the preparation of a year end account for the business within 6 months of the end of each accounting year; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; Month calendar month; Personal licence a licence granted to an individual within the meaning of Section 71 of the Licensing (Scotland) Act 2005; Premises licence the licence granted for the property within the meaning of Section 17 of the Licensing (Scotland) Act 2005 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends;:

Appears in 1 contract

Samples: starpubs.co.uk

Defined Words. The purpose of this Chapter is to explain and define words used in this lease that may have a special meaning. In this lease the following terms have the meaning set opposite them. The terms then appear in bold in the remainder of this lease. Agent any staff workmen customers or any one acting with the authority (or implied authority) of either you or us (as appropriate); Alcopops an alcoholic drink also known as flavoured alcoholic beverage, flavoured malt beverage, alcoholic fruit drink, premium packaged spirits, branded alcoholic mixer drink and including any drinks where alcohol is added to a carbonated or still flavoured base with or without fruit juice; Assignation request a written request made by you for consent to assign the property as a whole. To be valid an assignation request must: (a) clearly identify the proposed assignee; (b) include copy references demonstrating that the proposed assignee (or if a limited company its directors) is a fit and proper and appropriately qualified person to hold the licences and that the proposed assignee has the financial standing and experience in the licensed trade necessary to operate the business and to fulfil the tenant’s obligations under this lease; and (c) include copies of the three most recent sets of annual accounts and the management accounts of the business up to the date of the assignation request; and (d) include a payment (or solicitors’ undertaking) to pay our costs whether or not the proposed assignation proceeds in a sum of not less than £1,000 plus VAT; Bank such UK clearing bank which you or we use (as appropriate); Barrel a xxxxxx'x barrel being 36 imperial gallons in relation to tied drinks that are draught; Beer beer of all types denominations or descriptions (including lagers and stouts) whether packaged or in bulk; Business the use of the property as a public house for the sale of tied drinks and other drinks (but not as a wine bar or cocktail bar or tea house or coffee shop or restaurant) with (but ancillary to such use) the sale of both hot and cold food and the provision of accommodation for short term paying guests; Business plan your written plan in the format which we provide from time to time including details of methods of operating and managing the business and your proposals for any alterations or changes in the method of operating the business; Case a case of packaged tied drinks comprising 24 containers of the relevant drink (or such other number as shall be reasonably specified by us); Chapter a Chapter of this lease; Cider cider of all types denominations or descriptions (including perry) whether packaged or in bulk; Code of Practice the Scottish Star Pubs & Newcastle Pub Company Bars Code of Practice which we issue and adopt from time to time and which will be a code which complies with the IFC; Composite barrel a xxxxxx'x barrel containing 36 imperial gallons (being equivalent to 163.6 litres) of pre-packaged cider; Consent a written permission which we may (but do not have to) give and which may be subject to conditions (including time limits); Contaminative substance any substance or thing on beneath or in the vicinity of the property which is dangerous inflammable combustible explosive corrosive or of an offensive nature or which may in any way cause pollution injury or harm by percolation corrosion contamination migration release or otherwise; Cooling off period the first 90 days of the term; Designated premises supervisor the supervisor of the property within the meaning of Section 19 15 of the supervisor Licensing (Scotland) Act 2005Xxx 0000; Drinks all beverages; EPOS means electronic point of sale equipment connected electronically between the property and such office as we may specify from time to time; Exit statement a reconciliation of your account with us showing: (a) such sums as you may owe us under the lease; (b) the deposit (as we may have received from you); together with (c) any interest that may have accrued on the deposit; less all sums rightfully due to usyou. For the avoidance of doubt any estimated cost of expenditure required to bring the property into the condition as required by this lease and as certified by a surveyor will be a sum deemed rightfully due to us; Fixtures any bars back-fittings central heating systems sanitary ware xxxx cellar cooling equipment and any other items in the property ordinarily known as landlord’s fixtures; Group company a company within the same group of companies as defined by Section 42(1) of the Landlord & Tenant Act 1954Xxxxxx Xxx 0000; IFC the UK Pub Industry Framework Code of Practice for Tied Tenanted and Leased Pubs (December 2011) (Revision 5) including (unless we tell you otherwise) any revision or amended version of that document; Implied easements those easements and other matters referred to in Section 62 Law of Property Xxx 0000; Income the wholesale profit from selling tied drinks and other profits which we make from the property (excluding rent) during the 12 months prior to an event occurring which prevents the property being used wholly or in part for the business; Index of retail prices the All-Items Retail Prices Index published by H M Stationery Office the base rate of which was 100 in January 1987 or if that index is no longer published such index as most accurately reflects it and can be used in calculating the inflation index; Inflation index the sum determined by the fraction: the last published index of retail prices available before the relevant indexation review date the last published index of retail prices available before the most recent previous indexation date or review date (whichever is later) or (if there has been no previous indexation date or review date) on the term start date Indexation date each anniversary of the term start date (except where this is also a review date); Innside knowledge a specialised and dedicated training programme which we provide designed to provide you with a clear understanding of the management and operation of one of our leased public houses; Innside track firm a professionally qualified or accredited licensed trade accountancy firm approved and appointed by us providing innside track services; Innside track services (a) an accountancy and stocktaking package provided to you by an innside track firm who are a professionally qualified or accredited licensed trade accountancy firm providing accountancy and stocktaking services to the business which services include but are not necessarily limited to the provision of: (ai) monthly management accounts; (bii) 12 wet stock-takes per year or 9 12 wet and dry stock-takes per year where the business sells food and there is over £500 per week in food sales (in each case at intervals as may be agreed with us); (ciii) quarterly VAT returns; (div) the determination of an accounting year for the business; and (ev) the preparation of a year end account for the business within 6 months of the end of each accounting year; and (b) the provision of EPOS to the property; Insurance a policy insuring the property and the licences against loss or damage by fire and such other perils as we consider desirable (including loss of rent and income for 2 years) in such sum as we think is sufficient to reinstate the property plus sufficient sum to cover all professional fees demolition shoring up and site clearance but subject to a reasonable excess; Insured risk the risks against which we decide to insure from time to time; Interest 3% above the published base rate of our bank or the statutory rate of interest on judgment debts whichever shall be the greater; Lease this deed and any document supplemental to it; Liability Period in the case of: (a) the guarantor detailed in Chapter 2 (or any replacement of the guarantor), the period during which you are bound by the tenant's obligations covenants in this lease; (b) a guarantor required pursuant to the provisions of this lease the period during which the relevant assignee is bound by the tenant's obligations under this lease ; Licences any permit licence or certificate of whatsoever nature whether required by legislation or otherwise which is required or expedient to operate the business at the property; Liquidated damages our estimate of losses suffered by us (or a group company) as a consequence of you breaching your obligations in clause 2.3 of Chapter 6. We will calculate our losses by multiplying: (a) the damages base; with (b) our estimate of the number of barrels and/or cases purchased by you in breach of your obligations in clause 2.3 of Chapter 6; and adding (c) our reasonable administration fee (which will not be less than £360 plus VAT); Listed drinks such drinks as appear at our discretion in the current list or lists which we produce from time to time listing the types brands and/or denominations and prices of drinks that we offer for sale; Machines any vending, games or amusement machine or information retrieval or dissemination machine or automatic telling machine or any such device being electrical electronic or mechanical and awarding prizes or otherwise unless you use such item exclusively and normally for domestic purposes or in managing the business; Manager any person employed by you to manage the business; Minerals all soft drinks (also called pop, soda, soda pop, fizzy drinks, tonic, minerals) or fruit juices or carbonated beverages that are not alcopops; Month calendar month; Personal licence a licence granted to an individual within the meaning of Section 71 111 of the Licensing (Scotland) Act 2005Xxx 0000; Premises licence the licence granted for the property within the meaning of Section 17 11 of the Licensing (Scotland) Act 2005 Xxx 0000 including (for the avoidance of doubt) any variations or substitutes obtained during the term; Price list any list which we publish from time to time specifying the prices at which we sell any goods or services; Rates all business rates council tax or similar local taxes or charges assessed upon the property but not including any tax (other than VAT) which we pay as a result of receiving rent or out of any dealing by us with the reversion to this lease; Rent payment days means the first working day in each month (or such other date as we may specify); Review date the dates being: (a) every means each fifth anniversary of the term start date; and (b) the day before the date given as the day on which the term ends in Chapter 2; or (c) any date on which your obligation to purchase tied drinks as contained in clause 2.3 of Chapter 6 is varied or ends;

Appears in 1 contract

Samples: www.starpubs.co.uk

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