The scheme isn’t mandatory and the proposed changes will not replace existing forms of identification such as passports and photocard driving licences.
Should the provisions receive parliamentary approval, it is anticipated they will come into force this autumn.
Poppleston Allen senior associate solicitor Suraj Desor highlighted how the digital format will not take the place of current ID forms and outlined the potential issues operators could face if they choose to accept digital ID.
He said: “At present, this draft order simply amends the mandatory licensing conditions to allow premises to accept a certified digital verification service (DVS) as proof of age. It does not replace the existing forms of acceptable identification.
“Digital ID providers may decide to charge operators for the technology needed to verify a customer’s digital ID on their mobile phone or till systems, plus there will be the costs associated with staff training. That said, the explanatory Government memorandum to the Order suggests that there could be commercial benefits, such as alcohol sales to those people who forget to take physical ID out with them or who think that a photo of ID suffices, which is does not.
“There is, however, a potential scenario in which some younger customers rely solely on a mobile phone digital ID and carry no physical identification. If a premises does not have the capability to verify a digital ID, those customers would need to be refused service despite having valid proof of age.”
Clear communication needed
He added: “For this reason, it will be important for the Government and others involved, such as Trading Standards, to communicate these changes clearly to both operators and consumers. “
October last year saw the Government reveal proposals to introduce a digital ID scheme in a bid to combat illegal working while making it easier for the vast majority of people to use vita Government services.
At the time, the sector had a mixed response with the Night-Time Industries Association (NTIA) boss Michael Kill raised concerns about the implementation.
However, it was welcomed by some operators including Cheshire Cat Pubs & Inns owner Tim Bird.
As the latest step was announced, operators shared their thoughts on the potential move.
JD Wetherspoon (JDW)’s Tim Martin said: “The proposed introduction of digital ID is not mandatory.
“The existing system of physical ID works very well and is understood by all parties.
“In line with the rest of the licensed trade we will study the proposals and consider implementation if there are genuine benefits to customers and employees.
“IT systems rarely work early on so JDW is hoping to avoid guinea pig status.”
Practical approach
Wells & Co chief executive Peter Wells labelled it “a positive move” while also stating the logistics around implementation should remain simple.
He said: “The hospitality industry has always evolved, whether that’s embracing new technology, responding to changing customer expectations or adapting to new regulations.
“Digital proof of age is another step in that journey, and if it can make things easier for customers while maintaining robust age verification and safety, it’s a positive move.
“As with any change, though, it’s important that it works in practice. For our pubs, any new system needs to be simple to use, trusted by customers and practical for operators to introduce without creating unnecessary cost or complexity.
“We’ll be watching with interest as the new framework evolves and will take the time to understand how it works in real-world settings before deciding how it could best support our operators, our teams and our customers.”
