Contribution
My Lords, the Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2026 was laid before the House on 30 June. This instrument makes a focused amendment to the mandatory licensing conditions for alcohol sale and supply in England and Wales. It will allow licensed premises and club premises with a certificate to accept digital proof of age through a digital verification service that has been independently assessed against the UK’s DVS trust framework and is listed on the statutory DVS register, provided the order’s safeguards and any relevant local licensing conditions are met. In doing so, it removes a legal barrier created by conditions drafted when secure digital verification was not available while leaving the wider licensing regime unchanged.
Currently, anyone asked to prove their age when buying alcohol must produce a physical document bearing a photograph and date of birth with either a holographic mark or an ultraviolet feature, such as a passport or driving licence. I assure the Committee that physical documents remain valid: the order does not require individuals to use digital proof of age or businesses to accept it; it simply provides an additional voluntary route where equivalent safeguards are in place.
The Committee will recognise that people increasingly expect to provide and prove information securely and digitally. As many do not routinely carry valuable documents such as passports or driving licences, providing a trusted digital alternative may also reduce the inconvenience and cost caused when those documents are lost and damaged, particularly on evenings out. They can, of course, easily be lost.
Digital proof of age also supplies and supports data minimisation. A driving licence may reveal an address, when the only relevant question is whether the person meets the age threshold. A digital check can answer that question without disclosing unnecessary personal information.
I hope that noble Lords recognise that modernisation must not compromise licensing objectives. Licensing is there to prevent crime and disorder and public nuisance, promote public safety and protect children and young people from harm. Robust and reliable age verification therefore remains central to this reform.
The digital proof of age may be accepted only through a digital verification service that has been independently assessed against the UK DVS trust framework and is listed on the statutory DVS register. The framework covers security, privacy, inclusion, fraud management and governance, and the register itself provides a clear basis on which consumers and businesses can identify services that meet recognised standards rather than having to judge the reliability of different products for themselves.
I again assure the Committee that a screenshot or image on a phone will not be enough; a registered digital verification service must confirm that the individual meets the threshold in the premises’ age verification policy and that the identity information relates to the individual presenting it. That validation must take place through secure technological means. These requirements reduce the risk of copied, altered or borrowed evidence and give businesses confidence that the digital proof of age is genuine.
It may also benefit the Committee to know that the Government consulted between January and March 2024. Indeed, this Government were not even in office then. Respondents included licensing authorities, policing, trading standards, the alcohol and hospitality sectors, technology providers, delivery partners and the public. We had a very strong 72% response in support of digital proof of age for alcohol sales with strong support for requiring providers to meet government-approved standards. The final approach reflects that support, while responding to the need for dependable safeguards in the regulated environment.
The statutory instrument balances innovation and choice with safety. Licensing and certificate holders remain responsible for preventing under-age sales, the supply of alcohol following the age-verification process and meeting their wider obligations under the Licensing Act. Offences relating to under-age sale and supply are unchanged, and the consequences for businesses that fail to comply also remain the same. Digital verification services are, in essence, an additional tool for responsible age checking, not a substitute for staff training, judgment or oversight.
I also assure the Committee that the order is not a national digital identity scheme or identity card. It does not make digital identity compulsory or give the Government visibility of alcohol purchases. It only permits registered digital verification services to be used for digital age checks as an additional option to physical proof-of-age documents.
In summary, the type of reform that I have outlined, which began under a previous Government, is designed to reflect modern technology and provide consumers and businesses with greater choice while preserving physical identification and the safeguards supporting responsible alcohol sales. I think that they are sensible and important aims, and I commend the order to the Committee.