The Government has taken a significant step towards introducing digital proof of age for alcohol sales by laying the Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2026 before Parliament. Draft order here.
The draft Order will amend the mandatory licensing conditions for premises licences and club premises certificates authorising the sale or supply of alcohol in England and Wales, allowing licensed premises to accept approved digital proof of age as an alternative to physical ID. The proposed amendments reflect changing consumer habits and the increasing use of secure digital identity technology.
Under the proposed changes, digital proof of age will only be accepted where it is provided through a certified Digital Verification Service (DVS) listed on the statutory GOV.UK register. The DVS must have agreed to deliver identification that reaches at least a medium level of confidence, as required by the Order. The digital identity must also be securely linked to the individual, and the information provided must confirm that the customer satisfies the premises’ age-verification policy.
The changes do not replace existing forms of identification. Passports, photocard driving licences and other accepted physical IDs will continue to be accepted, with digital verification becoming an additional option. Premises will also not be required to accept digital proof of age if they choose not to do so.
The accompanying Home Office Explanatory Memorandum confirms that the Secretary of State’s statutory guidance issued under section 182 of the Licensing Act 2003 will be updated when the changes come into force. It also states that further practical guidance will be published by the Chartered Trading Standards Institute.
Subject to Parliamentary approval, the new provisions are expected to come into force in autumn 2026. In the meantime, operators should continue to follow their existing age-verification procedures and keep their age verification policies under review. Businesses wishing to adopt digital proof of age should also consider whether any updates to their policies and procedures will be required once the revised guidance is published.
We will continue to monitor the progress of the legislation and provide further updates. To stay up to date subscribe to our e-News here.
For further information, please feel free to contact any of our licensing solicitors on 0115 953 8500.
