SUPPORTS ITEM NO. 5CS&B AGENDA
                                             NOVEMBER 28, 1996   


                                 POLICY REPORT
                            LICENSING AND PERSONNEL


                                             Date: November 19, 1996
                                             Dept.File No.2206IC.COV


   TO:       Standing Committee on City Services and Budgets

   FROM:     Directors of Permits and Licenses and Central Area Planning,
             in consultation with the Directors of Social Planning,
             Finance, Legal Services and the Chief Constable

   SUBJECT:  Staffing Required to Improve By-Law Enforcement for Licensed
             Establishments and for Problem Premises


   RECOMMENDATIONS

        A.   THAT Council  approve a  License Coordinator and  two clerical
             support positions in the  Permits and Licenses Department, and
             a Lawyer and  one half  clerical support position  in the  Law
             Department,  as  regular full-time  positions  as  set out  in
             Appendix A at a 1996 cost of approximately $309,800;

             FURTHER THAT  the staff  positions outlined  in Appendix  A be
             approved subject to job evaluations  by the Director of  Human
             Resource Services; 

             AND  FURTHER THAT  an  annual overtime  budget  of $30,000  be
             allocated to  the Permits and Licenses  Department for evening
             and weekend inspections by the Property Use Inspectors.

        B.   THAT the ongoing costs for this program expansion be recovered
             through Business License fees  as proposed in the accompanying
             report on 1997 Business Licenses.


   GENERAL MANAGER'S COMMENTS

        The General Manager of Community Services RECOMMENDS approval  of A
        and B.


   COUNCIL POLICY

   On July 11, 1996, in dealing with the proposed Liquor Licensing Strategy
   for the Downtown area, Council resolved:

        THAT the  Director of Permits  and Licenses,  in consultation  with
        appropriate City  and Provincial enforcement  agencies, report back
        with ways to ensure better coordination of enforcement resources so
        that  licensed establishments which are having significant negative
        impacts  on   their  neighbours  are  dealt   with  under  existing
        regulations in a timely manner, and include recommendations to:

             a)   determine  the   need  and   source  of  funding   for  a
                  coordinator   who   would   monitor   problem   premises,
                  coordinate evidence, interview  new licensees and provide
                  liquor license information;

             b)   provide funding  for evening  and weekend inspections  by
                  the  Property   Use   Inspectors  to   allow  for   joint
                  inspections with the Police Department.  The costs of new
                  levels  of service are to be offset by cost reductions or
                  new revenues.

   SUMMARY

   This report  recommends  the  establishment of  five  new  positions  to
   coordinate  enforcement for problem premises.  It is proposed that these
   staff be allocated to the Law and Permits and Licenses  Departments, and
   that the funding come from a Business License fee increase.

   PURPOSE

   This  report  proposes  creation  of  new  staff  positions   to  better
   coordinate  the licensing  of liquor  establishments, to  improve by-law
   enforcement  under the  Zoning and  Development and  License  Bylaws for
   problem premises, and to facilitate  community based solutions to reduce
   the  impacts of entertainment  uses and problem  premises on residential
   areas.

   BACKGROUND

   As described in the April 26, 1996, reports on Downtown Liquor Licensing
   Policy, one of  the most pressing  liquor licensing  issues is that  the
   impacts  of poorly  run drinking  establishments can  persist  for years
   without  satisfactory  resolution.     In  addition,  numerous   problem
   businesses  have  recently  been  identified  by  staff and  the  Police
   Department, such  as pawnshops, 24-hour stores and  restaurants, many of
   which are in the Downtown Eastside  Area.  The City's ability to enforce
   has not  kept up with  the dramatic  increase in problem  premises.   An
   important contributing factor to this issue is the lack of staff who are
   specifically responsible for ensuring that all affected departments work
   together in  preparing, implementing  and following up  on responses  to
   problem premises.

   The need for coordination and increased enforcement  is becoming urgent,
   because:

        -    Enforcement   policies  and   procedures  are   complex,  time
             consuming  and  generally require  the involvement  of several
             departments.

        -    In  recent years, the number  of active problem premises files
             has  grown from  a norm  of about  four to  between 30  and 40
             annually.  License reviews  should be carried out for  many of
             these,  while  some  need  to  be  scheduled  for  show  cause
             hearings.

        -    It has become regular practice for the Property Use Branch and
             the  Police   Department  to  coordinate  and   conduct  joint
             inspections  on problem  premises  whenever possible.    These
             inspections  are  needed  because,  while  police  enforcement
             action against  criminal  activities  may  become  delayed  or
             sometimes lost in the court  process, the Property Use  Branch
             can  provide   quicker  enforcement   under  the  Zoning   and
             Development and License By-laws.

        -    Staff in Permits and  Licenses and Planning receive  dozens of
             liquor  license enquiries  every  week, but  there  is no  one
             person responsible for  tracking these enquiries  and ensuring
             they are dealt with thoroughly and consistently.

        -    Without adequate staff resources, it is not possible to do the
             proactive  work  needed to  establish  a  more consistent  and
             efficient liquor license application review process, create  a
             more effective process for  dealing with problem premises, and
             generate   a  more  comprehensive  information  exchange  with
             license  holders,   applicants,  the  public   and  provincial
             government staff.

        -    In  some areas  of the  City, the  types  of business  and the
             attitude of business owners  have changed, resulting in little
             regard for City regulations and the laws in general.

        -    The Law Department is  already stretched to the limit,  and an
             enhanced  enforcement   program  will   lead  to  delays   for
             prosecution, unless additional resources are obtained.

   DISCUSSION

   In order  to deal with enforcement  issues in all types  of business and
   fulfil  our   mandate  to  regulate  problem   premises,  the  following
   additional resources have been identified:

        -    A  License  Coordinator  position  to  coordinate  enforcement
             tasks, with support provided by a clerical position.

        -    A Clerk Typist  position to provide  support for the  Property
             Use Inspectors, as  there are 25 inspectors  with no dedicated
             clerical  backup.    These  Inspectors  carry  out  their  own
             research, answer  general  enquiries and  look for  assistance
             from staff in other areas.  

        -    An additional Lawyer and  half-time support person in  the Law
             Department to expedite legal action.

   These additional staff will be responsible for the following:

        -    coordinate responses  to problem premises between  the Permits
             and Licenses, Police, Fire and Health Departments, as well  as
             trouble-shooting problems before they become big issues;

        -    process  liquor license applications, interview applicants and
             prepare  reports to  the Liquor  Licensing Commission  for all
             areas of the City;

        -    field  all  liquor  license  and  potential  problem  premises
             enquiries,  track proposals,  provide information  on policies
             and procedures to prospective applicants and the public;

        -    act  as  a  City  staff   liaison  with  counterparts  in  the
             provincial Liquor Control and Licensing Branch;

        -    provide  information  and  advice  to  the  Liquor   Licensing
             Commission  regarding applications  and problem  premises, and
             provide  research and  information support to  Council members
             who negotiate with the Province for changes  to liquor license
             regulations;

        -    provide general information to the  public and support for the
             inspectors, including typing of Operators Permits, researching
             files and providing telephone updates to the inspectors in the
             field;

        -    gather evidence and coordinate  license reviews and show cause
             hearings, and ensure penalties are followed up;

        -    conduct evening  and weekend inspections  in coordination with
             the Police  Department, in  order to  monitor and  enforce the
             Zoning and Development and License Bylaws;

        -    provide  legal  support  for  N.I.S.  Teams  and  assist  with
             enforcement action on problem businesses;

        -    provide  additional  resources  for  the  By-law  Prosecutor's
             Office to ensure timely processing of by-law prosecution.

   The  current Business License system is approximately 25 years old, with
   no capacity to retain historical data,  identify problem premises, track
   problem owners or identify areas  of concern.  The new system  (recently
   approved by Council)  is scheduled for implementation in  February 1997,
   and will  be  capable  of providing  this  type of  information  to  the
   proposed new staff.

   The proposed positions  will be  permanent and  full time.   The  Liquor
   Coordinator and  clerical assistant would be supervised by the Assistant
   Director of Permits and Licenses.  The additional law resources would be
   located within the Law Department.

   SOCIAL IMPLICATIONS

   Creation  of  these  staffing  positions will  ensure  more  timely  and
   effective by-law  enforcement and community based  resolution to problem
   premises  and   related  issues,  thereby  reducing   their  impacts  on
   surrounding residential areas.

   FINANCIAL IMPLICATIONS

   Over  the past few  years, enforcement resources  have been re-allocated
   from other areas of the Permits and Licenses Department to deal with the
   high priority issues.   It has now reached the  point where many problem
   businesses are  not being dealt with  in a timely manner.   The proposed
   new resources could be funded by a general Business License fee increase
   as proposed in a companion report. 

   CONCLUSION

   Staff  recommend approval of the new resources identified in this report
   as a key  step in implementing Council s Liquor  Licensing Policy and to
   reduce  the impacts  of  problem premises,  especially  in the  Downtown
   Eastside  and   Downtown  South  areas,  where   there  are  significant
   concentrations  of entertainment  uses and problem  businesses.   In the
   past, the City has relied  on voluntary owner compliance and the  Police
   Department's  ability to deal with criminal activities.  We have reached
   the point where these methods are no longer effective and the City needs
   to take  a proactive  enforcement role with  regard to the  operation of
   problem businesses that impact heavily on residential neighbourhoods. 





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                                                                 APPENDIX A
                                                                Page 1 of 1

          STAFF AND RESOURCE NEEDS FOR FIVE NEW POSITIONS FOR LIQUOR 
                   LICENSE AND PROBLEM PREMISE COORDINATION





   ANNUAL COSTS    

        Salaries and Fringe Benefits:                   293,600.00

   ONE TIME COSTS

        Office furniture and computers    33,200.00

        Overhead:  (Training, Wiring,
                    Office Supplies)      6,000.00

        License software                   7,000.00      46,200.00


                       TOTAL COSTS                     $339,800.00




   1.   New  staff positions are subject  to evaluation by  the Director of
        Human  Resource Services.  The above figures are estimates based on
        expected responsibilities, work program and office needs.

   2.   A PC for each staff member is necessary in order to create, monitor
        and  regularly  update a  data  base of  liquor  license enquiries,
        applications, problem premises and recommended actions. This  would
        allow  for  better issue  management,  proactive  policy work,  and
        information support  for other  departments,  the Liquor  Licensing
        Commission and Council.