Another Url, Another Planet

I didn't have any particularly strong feelings about London Mayor Boris YeltsinJohnson's Barmy Booze Ban on public transport, which came into effect on 1 June this year. I don't drink alcohol on Tubes and buses, mainly because they don't have toilets.

I do, however, enjoy an occasional can of Stella on my way home from work on the overground train and I don't see anything wrong with that. And Boris's Barmy Booze Ban doesn't cover the overground trains run by Network Rail.

Or does it?

I decided to find out.

Date: 15 September

To: queries@heathrowconnect.com

Subject: Alcohol Policy

Hello, Please tell me what is your alcohol policy (if you have one)? - for example, is it ok to drink a single can of beer on my way home from work from Paddington to Southall in order to make the unpleasant journey on a packed commuter train more bearable? If not, why not? Please also direct me to the page on your website which makes your alcohol policy (if you have one) clear and also the law or bye-law that applies to your policy (if you have one). I look forward to hearing from you. Many thanks,

First response comes from First Great Western, who obviously manage the Heathrow Connect service:

Date: 18 September From: FGW Customer Relations <fgw.feedback@firstgroup.com> Subject: Alcohol Policy Dear Mr Marsden Thank you for your email of 16 September 2008 regarding our alcohol policy. I can confirm we do have a policy in place. Please find below a copy of our policy: Intoxication and possession of intoxicating liquor (1) No person shall enter or remain on the railway where such person is unfit to enter or remain on the railway as a result of being in a state of intoxication. (2) Where reasonable notice is, or has been, given prohibiting intoxicating liquor on any train service, no person shall have any intoxicating liquor with him on it, or attempt to enter such a train with intoxicating liquor with him. (3) Where an authorised person reasonably believes that any person is unfit to enter or remain on the railway, or has with him intoxicating liquor contrary to Byelaw 4(2), an authorised person may: (i) require him to leave the railway; and (ii) prevent him entering or remaining on the railway until an authorised person is satisfied that he has no intoxicating liquor with him and/or is no longer in an unfit condition. We do sell alcohol on our services, which you can purchase. I hope this information helps. Thank you for contacting us. Yours sincerely Bernice [Surname removed for privacy] Customer Services Advisor

Well, this seems to say that it's not ok to be drunk on a train, which is fair enough. But it didn't quite satisfy me that it's ok to have a single can of beer:

Thanks for your very helpful response, Bernice. However, I'm still not clear as to where I stand, or sit, regarding my original question:

Is it ok to drink a single can of beer on my way home from work from Paddington to Southall in order to make the unpleasant journey on a packed commuter train more bearable? If not, why not?

If you can give me a specific answer to this question, I will be very grateful. Kind regards, David

Two days later I got quite different response, however: Thank you for your email of 18 September 2008 regarding the response that you received from my colleague. I can confirm that you are allowed to consume alcohol on-board our services as long as it is purchased from the buffet car or trolley service on the train, it is against railway bylaws to bring your own alcohol onto train services. Thank you again for contacting First Great Western. Yours sincerely Gareth [Surname removed for privacy] Customer Services Advisor

Damn! This is bad news. But wait. "... it is against railway bylaws to bring your own alcohol onto train services." Now, I really ought to check this out, too.

Railways Act 1993 - nothing about drinking at all that I can see. Railway Byelaws (PDF) - same as the FGW Policy quoted by Bernice, lots about all kinds of mildly anti-social behaviour and a requiring people to queue(!), but nothing about forbidding me from taking a can of Stella bought at the station on to the train.

Hmmm...

Hi Gareth, Thanks for you reply. Please tell me which railway bye-law stipulates that I can't take alcohol on to a train.

Date: 25 September Dear Mr Marsden Thank you for your email of 21 September 2008 addressed to Gareth. I have now had the opportunity to review this case and it appears that there has been some confusion with the information provided by my colleague. I can confirm as per the first response you were sent alcohol is permitted on board our services and you are permitted to take alcohol onto our services where a service has not been advertised in advance as "dry" i.e. no alcohol allowed. Services are generally only run as dry before and after sporting events on our network. I can therefore confirm that the information provided by Gareth was incorrect and I have taken this up with him directly as a training issue. Thank you once again for getting in touch and I trust I have clarified the situation. Yours sincerely Sue [Surname removed for privacy] Customer Services Team Manager

My emphasis.

Victory for common sense and the law and all the peaceful drinkers out there!