The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2026

Published: Mon 14th Sept 26

Authorized the use of digital identification for age verification in licensed premises across England and Wales.

This Order amends the mandatory licensing conditions for premises in England and Wales that sell or supply alcohol, permitting the use of digital identification for age verification.

It authorizes responsible persons at licensed premises and clubs to accept digital ID, provided the verification service is supplied by a provider registered under the Data (Use and Access) Act 2025.

The Order requires that digital verification services meet specific security standards, defined as a 'medium level of confidence' within the UK Digital Verification Services (DVS) trust framework.

Arguments For

The order states that the Secretary of State considers these conditions appropriate for the promotion of the licensing objectives, which include the protection of children from harm.
The document indicates that the measure aligns mandatory licensing conditions with the framework established by the Data (Use and Access) Act 2025.
Proponents argue that the measure modernizes the age verification process by allowing identification in digital form as an alternative to physical documents.
The order specifies that digital identification must meet a 'medium level of confidence' and be provided by a registered Digital Verification Service Provider (DVSP) to ensure reliability.

Arguments Against

Critics may question the security and privacy implications of using digital identification for alcohol purchases, particularly regarding data storage by service providers.
Small businesses or clubs may face implementation difficulties or costs related to establishing agreements with registered Digital Verification Service Providers (DVSPs).
Legal scholars might note that the legal effect depends on the continued maintenance and versioning of the DVS trust framework by the Secretary of State.
There could be concerns regarding potential discrimination against individuals who do not possess digital devices or prefer to use traditional physical identification.

Citation, commencement and extent

-(1) This Order may be cited as the Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2026.

(2) This Order comes into force on the day after the day on which the Order is made.
(3) This Order extends to England and Wales.

This section establishes the official name of the order and sets its commencement date as the day following its signing.

It limits the legal jurisdiction of the order to England and Wales.

Amendment of the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

-(1) Paragraph 3 of the Schedule to the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010( d ) is amended as follows.

(2) In sub-paragraph (3), for 'The policy' substitute 'Subject to sub-paragraph (4), the policy'.

(3) After sub-paragraph (3) insert-

'(4) The age verification policy may make provision permitting a responsible person to accept identification in digital form ('relevant ID') instead of identification of a type described in sub-paragraph (3).

(5) Where provision envisaged by sub-paragraph (4) is included in the policy, the policy must make provision dealing with the circumstance described in paragraph (6).

(6) The circumstance in this sub-paragraph arises where-

(a) the responsible person has reason to believe that a person ('P') who seeks to be supplied with alcohol from a place to which the age verification policy applies has not attained the age of 18, or such greater age as the age verification policy may prescribe ('the relevant age'); and
(b) P has indicated their wish to use the relevant ID.

(7) When the circumstance in paragraph (6) arises, the policy must state-

(a) that P is obliged, upon the request of the responsible person, to make available to the responsible person the means by which their relevant ID may be verified; but
(b) that the responsible person may only accept P's relevant ID where the condition in sub-paragraph (8) applies.

(8) The condition in this sub-paragraph is that the responsible person is covered by an agreement with a DVSP ('the relevant DVSP') for the provision of digital verification services where-

(a) the relevant DVSP has agreed that it will confirm, in the course of providing its services to the responsible person, whether or not P has attained the relevant age;
(b) the relevant DVSP has agreed that it will deliver identification to the responsible person that reaches at least a medium level of confidence;
(c) that level of confidence has been verified by a DVSP, whether that DVSP is the relevant DVSP or another; and
(d) the relevant DVSP is registered as a provider of those services in accordance with Version 0.4 or Version 1.0 of the DVS trust framework( a ).

(9) In this paragraph-

(a) 'DVSP' means a person who provides digital verification services, and is included in the register maintained by the Secretary of State under section 32 (DVS register) of the Data (Use and Access) Act 2025 ('the 2025 Act')( b );
(b) 'DVS trust framework' is to be construed in accordance with section 28 (DVS trust framework) of the 2025 Act;
(c) 'medium level of confidence', in respect of identification described in sub-paragraph (8)(b), is to be construed in accordance with-
(i) Version 0.4( c ) of the DVS trust framework, in the case that the relevant DVSP, or as the case may be, another DVSP provides the service described in sub-paragraph (8)(c), and is registered as a provider of that service, in the DVS register, in accordance with Version 0.4 of the DVS trust framework;
(ii) Version 1.0 of the DVS trust framework, in the case that the relevant DVSP, or as the case may be, another DVSP provides the service described in sub-paragraph (8)(c), and is registered as a provider of that service, in the DVS register, in accordance with Version 1.0 of the DVS trust framework.

(10) For the purposes of sub-paragraph (6) 'supplied' is to be construed in accordance with section 14 of the Licensing Act 2003.

(11) Nothing in sub-paragraphs (4) to (10) prevents the supply of alcohol to a person based upon identification of a type described in sub-paragraph (3).'.

This section modifies existing age verification requirements to allow licensed premises to accept digital ID. It stipulates that for a digital ID to be valid, the business must have a formal agreement with a Digital Verification Service Provider (DVSP) registered under the Data (Use and Access) Act 2025.

The provider must verify the customer's age to a 'medium level of confidence' as defined by specific versions of the government's DVS trust framework.

The amendment also clarifies that customers can still use traditional physical identification methods, such as passports or photocard driving licenses.

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