Legal Update: Digital Age Verification for Alcohol Sales
2026
Via their Blog, the Office for Digital Identities and Attributes (OfDIA) has provided an update on the process to enable the use of digital verification services (DVS) to be used as acceptable proof of age for alcohol sales in England & Wales - link to blog.
Below is a summary of the latest position and what it means for operators.
Back in December 2024, the then Secretary of State for Science, Innovation and Technology (DSIT) announced that the Mandatory Licence Conditions (MLCs) under the Licensing Act 2003 would be amended to allow DVS to be used for age verification. The Government has now reaffirmed its commitment to making those changes.
Since that announcement, the Home Office, supported by the OfDIA has been working through the practical and legal requirements needed to ensure that digital age verification is robust and secure.
To ensure that DVS can be safely relied upon the Home Office is testing a series of conditions that digital information may need to meet. These include:
- Use of a certified provider
Digital information must come from a service listed on the statutory DVS register, meaning it has been certified against the UK digital identity and attributes trust framework.
- Binding to the individual
The digital identity must be bound to the user both when it is issued and when it is presented, ensuring the digital identity belongs to the person presenting it.
- Proper validation by the responsible person
The responsible person must be able to validate the digital information reliably. Unlike physical ID, visual inspection alone is not sufficient for digital evidence.
- Confirmation of age policy compliance
The digital information must clearly confirm that the customer meets the age requirement set out in the premises’ age verification policy (e.g. Challenge 21/25).
- Sufficient identity assurance
The identity must have been verified to at least a ‘medium’ level of confidence, as defined in Good Practice Guide 45 (GPG45). Whether a service can achieve a medium level of confidence is listed on their entry on the statutory DVS register.
Next steps: legislative changes
The Home Office is currently drafting the secondary legislation (a statutory instrument) needed to amend the MLCs. Although the original intention was to implement the changes in 2025, the complexity involved has pushed the timeline back. The Government is now working at pace to bring the changes forward this year and envisages the following steps:
- The statutory instrument to amend the MLCs for England & Wales to be debated in both Houses of Parliament and if passed will receive Royal Assent and become law. Following this the Section 182 statutory guidance will be updated.
- Trading Standards’ Business Companion guidance will be updated.
- Licensed premises will need to select suitable DVS providers and put appropriate contractual arrangements in place.
- Operators will need to update their age verification policies and ensure staff are trained on the new processes.
- Customers will need to understand how and where they can use DVS and set up their digital identity in advance of trying to purchase alcohol using a DVS.
This is a significant change in how age verification may be carried out, and operators will need time to prepare. Digital age verification has the potential to streamline service, reduce reliance on physical ID, and support modern retail and hospitality environments, but it will also introduce new compliance considerations and of course the expense of implementing it.
We will continue to monitor developments and will keep you updated. In the meantime, if you would like to discuss what preparations you may want to start thinking about, please get in touch.