Its a shame though that security staff can't do the same though for the people who smoke on the platform or use e-cigs which are illegal but most of the time ignored.
Hmm. You are well versed in the legal aspects of your chosen hobby, but less well versed in the legal aspects of smoking and e-cigs it seems.
Smoking on railway platforms that are not enclosed or substantially enclosed is only illegal if there is a sign in the vicinity forbidding such activity. That 'sign' could be extended to include public address announcements. No signs and no announcements? Then smoking on a railway platform isn't illegal.
There is neither primary legislation or byelaws to prevent vaping.
Complying with a request to cease the activity of smoking or vaping is sensible, just as it was prudent for you to cease your amateur radio activities when challenged. However, smoking and vaping on unenclosed station platforms may not be illegal. If there is no sign and/or no announcement, you aren't breaking the law or byelaws.
I'd contend that, under the current wording of the 'smoking' railway byelaw, vaping isn't illegal full stop.
Activities may be banned on station premises by the landlord (Network Rail) or the agents (the TOCs), as this is private property. But their is a big difference between something being 'banned' and something being illegal. I could ban yellow t-shirt wearers from entering my property. I'd have no recourse to law to enforce that ban though.
The railways and their employees like to think and like to impress on people that smoking and vaping on their premises is totally illegal. But it only applies in enclosed or substantially enclosed parts (Health Act 2006) or where a sign or (possibly) announcement forbids (Railway Byelaw 3).
