# Fast food delivery

Fast food delivery is **not age-restricted in itself**. However, where an order includes **alcohol**, the service becomes subject to strict legal duties to prevent supply to under-18s.
These duties apply regardless of the business model used for delivery.
## Who is legally responsible


Under UK law, **legal responsibility rests with the licensed seller**, not the delivery driver.
The offence under the **Licensing Act 2003** is the **sale of alcohol to a person under 18**. In an online or delivery context:
• The **restaurant or store holding the Premises Licence** is the seller
• The sale is treated as taking place at the licensed premises
• The licence holder must take **all reasonable steps** to prevent under-age supply
A licence holder **cannot contract out** of this responsibility by using a delivery platform, courier, or “personal shopper” model.Delivery drivers and platforms
Delivery drivers are usually the **last operational control point**, but they act **on behalf of the seller**.
In practice this means:
• Drivers are expected to **check age at delivery** where alcohol is supplied
• Drivers must be empowered to **refuse delivery** if age cannot be verified
• A failure by the driver is treated as a **failure of the seller’s systems and training**
While a driver may commit an offence in limited circumstances, **regulatory enforcement normally targets the licence holder**, not the courier.
## “Driver buys then sells” models


Some platforms describe their model as one where the driver purchases goods e.g. alcohol and then resells it to the consumer.
This description does **not**, by itself, change liability.
Regulators and courts look at **substance, not labels**, including:
• Who controls pricing and product range
• Who benefits economically from the transaction
• Which licence enables the supply
• Who is best placed to prevent harm
In almost all real-world cases, these factors point to the **licensed retailer** as the seller. Attempting to re-characterise the driver as the seller is unlikely to displace liability and may be treated as risk-shifting rather than genuine resale.
A driver could only be the seller if they were genuinely trading as principal and operating under an appropriate licence, which is rare in practice.
## Mandatory licensing conditions and age checks


Mandatory licensing conditions require licence holders to take **all reasonable precautions** to prevent under-age sales.
For delivery services, this means:
• Age controls must be built into the **ordering process**
• **Challenge 25-style checks at delivery** are expected
• Delivery staff must be trained and authorised to refuse handover
• Reliance on payment method alone is insufficient
 
## UK GDPR and customer data


Under UK GDPR, personal data includes IP addresses, device data, order history, and delivery details.
If consent is relied upon as a lawful basis, **Article 8** requires that users are old enough to give valid consent. In the UK, the digital age of consent is **13**.
Where a service does not know the age of the person placing an order, it **cannot know whether consent is valid**.
The regulator, the **Information Commissioner’s Office**, may impose fines of up to **£17.5 million or 4% of global annual turnover** for serious breaches.
## Our view


Where fast food delivery includes alcohol:
• **The licence holder is legally responsible**
• **Drivers check age as agents, not principals**
• **Age must be checked at both the point of sale (online) and delivery**
Given the criminal liability involved, we recommend **robust age assurance combined with Challenge 25-style delivery checks** as the minimum defensible approach.

**PLEASE NOTE**
This website does not constitute legal advice. You should always seek independent legal advice on compliance matters.