Pictures emerged last night of the PM raising a toast at a gathering said to be farewell drinks for a departing senior aide.
But it is understood police viewed the photos and, after further investigation, concluded that Mr Johnson was present in a work capacity and did not break the law. The Prime Minister is said to have spent 10 minutes at the event on November 13, 2020, to say goodbye to his communications chief Lee Cain.
The leaking of the snaps, published by ITV News, comes as Mr Johnson and his team are braced for the release of senior civil servant Sue Gray's final report into Partygate - possibly today.
Downing Street said the Met had access to all relevant pictures and decided not to take action against him over this particular event.
But the Opposition claimed the photos confirmed that Mr Johnson knowingly broke Covid laws.
Earlier yesterday his frontbench colleague Simon Clarke had insisted the PM did not need to quit over the scandal as his one £50 penalty was for a "slice of cake between meetings".
Tory MP Peter Bone told Times Radio yesterday's leaked photos did not show a party, saying: "I don't think it looks like that at all.
"The police had seen these photographs as well. So I'm happy to accept the police's verdict on it. But we've still got to wait for the Sue Gray report."
Some No 10 insiders believe Ms Gray's verdict may be unveiled today, although the Cabinet Office would not confirm it was finished.
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