Gately's dead body was found at his home in the Port Andratx resort last week. The singer's lawyer Gerald Kean said it was not appropriate to suggest that the 33-year-old Gately died after an eight-hour booze marathon on the Spanish holiday island of Majorca.
The Daily Star quoted Kean as saying: "An eight-hour drinking session is something we do not accept. Wherever that is coming from, our information would suggest that is simply wrong."
Kean said Gately was at the place with his partner, Andrew Cowles, until after midnight on Friday. He then visited the town of Palma, about an hour away. A relative had a conversation with Gately at 12.30am Spanish time on Saturday (11.30pm GMT) when he was about to leave the house.
Gately is believed to have spent quite sometime socialising but came back to the apartment before 6 in the morning, according to Spanish time.
Kean said: "We are not saying he was not drinking but eight hours is not something we accept. He was a very sensible man. He enjoyed himself, he loved life. I was with him many a night and, if anything, late into nights he would look as though he had just arrived."
Investigators have said 'no signs of suspicious circumstances' have been spotted and believe that Gately was partying with pals a few hours before he died.