LCL CTLR AT SJC DOES NOT IMMEDIATELY NOTICE THAT A DEP ON THE RWY IS NOT COMPLYING WITH A TKOF INSTRUCTION WITH AN ARRIVAL ON SHORT FINAL.

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ACR X WAS TAXIED TO RWY 30L AT INTERSECTION C. THE REASON GND CTLRS DO THIS IS TO MEET FLOW RESTRICTIONS IMPOSED BY ZOA. FOR LAX; WE HAVE FROM ONE MINUTE BEFORE TO TWO MINUTES AFTER THE RELEASE TIME TO HAVE THEM AIRBORNE. THERE WERE THREE ACFT AT THE RWY AHEAD OF ACR X; HIS WHEELS UP TIME WAS XA:27 AND IT WAS XA:24 . THERE WAS A STEADY STREAM OF ARRIVALS TO RWY 30L; SO WE WERE GETTING ONE DEP OUT BETWEEN EACH ARRIVAL. SINCE IT WAS BETWEEN SUNSET AND SUNRISE; I WAS UNABLE TO USE THE TAXI INTO POS AND HOLD PROCEDURE (7110.65 3-9-4F). AS THE ARRIVAL WAS TOUCHING DOWN; I EXPLAINED TO ACR X WHY I WAS UNABLE TO HAVE HIM HOLD IN POS AND THAT HE WOULD BE GOING SHORTLY. THE NEXT ARRIVAL WAS ON 4 MILE FINAL; WHEN I CLRED ACR X FOR TAKEOFF USING ANTICIPATED SEPARATION (7110.65 3-9-5); EVEN THOUGH THE PREVIOUS ARRIVAL HAD NOT YET EXITED THE RWY. HE READ BACK (AND I MISSED) 'POSITION AND HOLD.' I SPECULATE HE WAS NOT EXPECTING TAKEOFF CLRNC DESPITE MY PREP WORK; BECAUSE THE PREVIOUS ARRIVAL HADN'T YET EXITED. I MADE TWO OTHER TRANSMISSIONS AND THEN THE NEXT ARR; NOW ON ONE MILE FINAL SAID 'HEY; IS THERE SOMEONE ON THE RWY?' I OBSERVE THAT THERE WAS AND IMMEDIATELY RECLRED ACR X FOR TAKEOFF AND TOLD HIM TO EXPEDITE DEP WHICH HE DID AND IT ENDED UP WORKING OUT. OBVIOUSLY THE PRIMARY CAUSE OF THIS NEAR INCIDENT WAS THE MIS-COMMUNICATION BETWEEN ACR X AND I. HOWEVER; AT SJC THE PROHIBITION OF USING TAXI IN POS AND HOLD PROCEDURES AT INTERSECTIONS AT NIGHT IS A CONSTANT SOURCE OF UNNECESSARILY CLOSE CALLS AND A DETRIMENT TO SAFETY. ADDITIONALLY; SINCE TAXI IN POS AND HOLD IS NOT BEING USED; IT REMOVES THE REQUIREMENT (7110.65 3-9-4C; 3-10-5B) TO INFORM THE ARRIVAL AND DEP OF EACH OTHER -- HENCE THE DELAYED REALIZATION BY THE MD80 THAT THE RWY WAS OCCUPIED AND ACR X COMPLACENCY HOLDING ON THE RWY WITH TFC ON FINAL. SAFETY WOULD BE INCREASED AND DELAYS REDUCED IF TAXI INTO POS AND HOLD WAS ALLOWED AT INTERSECTIONS VISIBLE FROM THE TWR ALL DAY AND NIGHT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT ALTHOUGH CLOSE; THE ARRIVAL HAD NOT CROSSED THE RWY THRESHOLD BEFORE THE DEPARTURE WAS AIRBORNE. THE RPTR IS ADAMANT THE TAXI INTO POSITION AND HOLD PROC IS A SAFETY ISSUE.