Article 2 Amendment of the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

Paragraph 3 of the Schedule to the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010^f1 is amended as follows.

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

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^f2.

(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”)^f3;

(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^f4 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).”.