The Home Office has laid down regulations that will allow customers to prove their age by using digital ID from a registered digital verification service. The changes are expected to come into force in autumn 2026, representing one of the most significant developments in age verification since the introduction of Challenge 21 and Challenge 25.
Petrol retailers with alcohol licences will be keen to understand what these changes will mean for their age verification policies and existing licence conditions.
Current age verification requirements
Section 146 of the Licensing Act 2003 makes it an offence to sell alcohol to a person under the age of 18. A defence is available where the defendant can show that they believed the individual was aged 18 or over and either:
- had taken all reasonable steps to establish the person’s age; or
- nobody could reasonably have suspected from the person’s appearance that they were under 18.
The Mandatory Licensing Conditions require that all those selling alcohol have an age verification policy that requires those who appear to be under 18 to produce appropriate identification. Currently, acceptable identification documents must bear the holder’s photograph, date of birth and either a holographic mark or ultraviolet feature, thereby excluding digital identity verification. However, new regulations amend the Mandatory Licensing Conditions to permit the use of certified and registered Digital Verification Services (DVS).
Crucially, these changes will not replace physical identity documents but will provide an additional method of proving age. It will be optional for premises to accept digital proof of age as part of their age verification policy.
What digital ID will be acceptable?
The new regulations are designed to place certified digital verification systems on an equivalent footing to physical documents. To be accepted, the age verification must be verified by a registered DVS provider operating to a medium level of confidence under the UK DVS trust framework. Businesses will be able to choose which DVS they contract with. The Yoti app and Post Office EasyID app are examples of providers already on the DVS register.
What does digital ID mean for cashiers?
It is not intended that cashiers will now be checking digital passports or driving licences. Rather, individuals will be able to use physical identification documents to gain a digital ‘credential’ showing they are over 18. Cashiers will then use a programme supplied through a DVS provider to verify that credential, for example by scanning a QR code provided by the customer. It is also anticipated that cashiers will no longer need to check identification documents of those using self-checkout machines, with customers being able to certify their age with the machine itself.
The offence under section 146 remains unchanged by the introduction of digital ID. Just like physical identification documents, asking for digital ID will be one way that cashiers can show they have taken “all reasonable steps” to establish the person’s age.
Retailers should note that where they operate a challenge log, they must still record the challenges even if the digital answer is affirmative.
What happens where a premises licence condition specifies acceptable forms of ID?
A more complicated issue arises where a premises licence contains a condition prescribing the forms of identification that may be accepted. Many older licences contain conditions requiring acceptance of passports, photocard driving licences and PASS accredited cards only.
The introduction of digital verification into the Mandatory Licensing Conditions does not automatically remove bespoke premises licence conditions, so – depending on the wording of the licence conditions – a premises may not be able to take advance of the digital ID option.
Until further guidance is issued, the cautious approach would be for retailers to review their premises licences carefully. Where licence conditions expressly limit acceptable forms of ID to physical documentation, operators may consider an application to vary the licence and remove or modernise the condition.
What should retailers do now?
The new digital ID framework represents a notable shift in alcohol age verification. Provided retailers use registered DVS providers and follow the prescribed verification process, digital age checks should offer a level of protection equivalent to checking a passport, driving licence or PASS card.
The immediate challenge will be ensuring that individual premises licence conditions are compatible with the new regime. Retailers should therefore start reviewing existing staff training materials and premises licence conditions now, so they are ready to take advantage of digital verification when the legislation comes into force.
Information provided by Robert Botkai, senior partner and head of commercial real estate and licensing at Winckworth Sherwood LLP, and his colleague trainee solictor Evie Mollitt.
- Neither of Winckworth Sherwood or Forecourt Trader shall be liable for any decision or action taken on the basis of this column. Nothing in this article constitutes legal advice or gives rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to specific circumstances.
