Alcohol licensing: age verification consultation results

The Government has published the results of its consultation on whether digital identities should be allowed to play a role in determining whether someone is old enough to purchase alcohol.

The consultation looked at the impact these potential changes would have on the four objectives of the Licensing Act 2003 (the prevention of crime and disorder; the protection of children from harm; public safety; and the prevention of public nuisance).

A total of 251 complete responses were received from licensing authorities, the alcohol and hospitality industry, policing, trading standards, technology companies, delivery partners, civil society organisations, and members of the public.

Next steps

Digital identities

The government said it “is keen to enable the secure and appropriate use of new technologies that can improve the experience of consumers and retailers.”

It continued:

“The majority of respondents to this consultation were in favour of amending secondary legislation made under the Licensing Act 2003 to allow the use of digital identities as proof of age in the sale of alcohol. The majority also agreed that providers of digital identity services used for age verification for alcohol sales should be certified against government-approved standards set out in the UK Digital Identity and Attributes Trust Framework.”

“The Data (Use and Access) Bill was recently introduced to Parliament and contains measures to ensure that the UK Digital Identity and Attributes Trust Framework is placed on a statutory footing. When the Bill achieves Royal Assent, we will bring forward a statutory instrument to add digital identities – which appear on a public register on GOV.UK of services which have been independently certified against the trust framework – as acceptable proof of age in the sale of alcohol alongside traditional identification documents with a holographic mark or ultraviolet feature. This means that in any circumstance where a person may currently be required to provide a suitable physical form of ID for age verification purposes for the sale of alcohol, they will also be permitted to provide a digital identity, certified against the trust framework, to prove their age.”

“Prior to introducing this change, we will work across government to understand any other requirements that may be necessary to allow digital identities to be used for the sale of alcohol, including addressing concerns raised within the consultation.”

Age assurance technology

A small majority of respondents to this consultation were in favour of allowing the use of age estimation and other age assurance technology as proof of age in the sale of alcohol. The Government said,”we’re of the view that this should be permitted in all settings.”

“However, the government has not yet introduced a framework covering all age assurance technology, with age estimation technology outside the scope of the trust framework underpinned by the Data Bill. Accordingly, the government does not intend at this time to allow the use of age estimation technology as part of the age verification process for alcohol sales.”

“As such, businesses are not permitted to utilise age assurance technology, even for testing purposes.”

Remote sales

There were mixed views relating to whether the Licensing Act effectively addresses issues relating to age verification when alcohol is sold remotely. The consultation has also raised a number of issues that need to be carefully worked through.

Accordingly, the government said: “… this is an area that requires further consideration. We will undertake further work in this area in due course. At this point in time, we will not be making any changes to the Licensing Act 2003.”