UK Government launches consultation on updating the Licensing Act
Today the UK Government have launched a consultation on updating the Licensing Act to reflect the challenges of digital age assurance for alcohol sales (Philip, 2024). This is a welcome change as suggested by my prior research into the application of age verification technologies for online alcohol sales (Grout & Muirhead, 2020; Muirhead, 2021).
The consultation seeks opinions on two areas where the Licensing Act can be updated: the use of digital proof of age, and the point at which age verification should take place (UK Government, 2024).
Digital Identities and Technology
The first element of the consultation examines whether the existing law should be updated in respect of what is considered valid identify as proof of age. Whilst the original Licensing Act 2003 did not specify what constituted legitimate proof, a later update via secondary legislation introduced the current requirement for those who appear under 18 to provide specific photo ID (Passport, Driving Licence, or Holographic identity card) to reduce the ambiguity provided to premises licensees (UK Government, 2010).
Since this time, digital technologies have moved to a point where any other function can be provided by our mobile phones: Google and Apple Pay allow bank cards to be replicated by devices; National Railcards can be provisioned and verified within apps; and the Government's services have moved to new digital-first platforms. This has been accelerated by the use of Covid vaccination proof via the national NHS mobile apps. It is evident that the provision of proof of age will also move towards digital means in the future, though this is not accommodated within current legislation.
Remote Sales
The Remote Sales element of the consultation addresses the specific issues identified within our research (Grout & Muirhead, 2020). The current legislation is unclear on where age verification should take place for online sales. Retailers have chosen different points for age verification dependent on their contexts: supermarkets providing home delivery options always perform this on the doorstep; smaller e-commerce retailers often use third party services to verify age against the Electoral Roll; and instant delivery services often leave the implementation to self-employed delivery workers.
The consultation also includes consideration for a) proxy sales (i.e., purchases on behalf of someone under-age) and b) sales to those already intoxicated, both already legislated for in-person sales but with ambiguity for online sales. Providing specific guidance is important to ensure both the minimisation of harm to those under-age, but also the protection of licensees from inaccurate or unclear application of the legislation.
Summary
The consultation aims to address two key aspects that are currently ambiguous or poorly defined in the Licensing Act. I eagerly await the consultation responses, report, and subsequent changes to the law to see the changes suggested by my research into this important legislation. Whilst the Licensing Act only applied to alcohol sales, the extension of the same mechanisms to other age-restricted products will likely be applied by retailers, ensuring consistency of implementation and improved safeguards in our modern digital world.
References
Grout, V., & Muirhead, J. (2020) Effective age gating for online alcohol sales, Alcohol Change UK. Available at: https://alcoholchange.org.uk/publication/effective-age-gating-for-online-alcohol-sales (Accessed: 24 January 2024).
Muirhead, J. (2021) Preventing underage alcohol purchasing online using payment card details, Institute of Alcohol Studies (IAS). Available at: https://www.ias.org.uk/wp-content/uploads/2021/12/IAS-Preventing-underage-alcohol-purchasing-online-using-payment-card-details.pdf (Accessed: 24 January 2024).
Philip, C. (2024) Written statement: HCWS205, UK Parliament, 24 January. Available at: https://questions-statements.parliament.uk/written-statements/detail/2024-01-24/hcws205 (Accessed: 24 January 2024).
UK Government (2010) New conditions for licensed premises in England and Wales: age verification and smaller measures, 30 September. Available at: https://www.gov.uk/government/publications/new-conditions-for-licensed-premises-in-england-and-wales-age-verification-and-smaller-measures (Accessed: 24 January 2024).
UK Government (2024) Alcohol licensing: age verification, 24 January. Available at: https://www.gov.uk/government/consultations/alcohol-licensing-age-verification/alcohol-licensing-age-verification (Accessed: 24 January 2024).
