The Government recently announced a consultation on whether to amend the Licensing Act to allow for digital age verification in light of new technology.
All operators of licensed premises are aware that having a robust age verification scheme is a must if they are to ensure responsible sales of alcohol at their premises. But as technology moves at pace, the question of whether digital forms of identification should be permitted has frequently been raised. The current wording of the Licensing Act 2003 does not allow technology to play a part in the age verification process for alcohol sales; only a person can make the decision on whether an individual is old enough to purchase alcohol.
In response, the Minister for Crime, Policing and Fire, Chris Philp MP, announced the launch of a consultation on whether to allow digital identities and technology to play a role in age verification for alcohol sales, as well as whether to amend legislation in order to specify that for sales of alcohol that do not take place face to face, age verification should take place at the point of delivery as well as sale.
“The Government is keen to enable the secure and appropriate use of new technologies that can improve the experience of consumers and retailers”.
Option 1
Do nothing: only traditional identity documents which contain a holographic image or ultraviolet feature are acceptable for age verification for alcohol sales.
Option 2
Alongside traditional identity documents, also allow digital identities to be used for age verification for alcohol sales. And / or
Option 3
Alongside traditional identity documents, allow age estimation and other technology to be used for age verification for alcohol sales.
In relation to remote sales
Option 4
Do nothing. Age verification checks, checks to establish that an individual is not already intoxicated, and checks that a sale is not a proxy sale must take place at the point of sale/appropriation to a contract.
Option 5
Amend the Licensing Act so that age verification checks, checks to establish that an individual is not already intoxicated, and checks that a sale is not a proxy sale must take place at the point of sale/appropriation to a contract and at the point of delivery/service. Or
Option 6
Amend the guidance, which accompanies the Licensing Act, to advise that age verification checks, checks to establish that an individual is not already intoxicated, and checks that a sale is not a proxy sale must take place at the point of sale/appropriation to a contract and should additionally take place at the point of delivery/service.
Comment
As almost everything in our lives is done by digital means, this is long overdue.
Digital identities and technology can indeed play a role in age verification for alcohol sales by enhancing the efficiency and accuracy of the process while minimizing the risk of human error. That said, it will bring with it the problems we have all come to recognise, such as potential privacy concerns, problems with identity theft and misuse of personal information.
Combining digital identity solutions with traditional methods may provide a well-rounded approach to age verification in alcohol sales. This will be a very interesting process. Watch this space for updates.
The Consultation is to last 8 weeks and closes at 11:59 pm on 30 March 2024.
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