The defender was arrested on Sunday outside a nightclub and charged with assaulting a police officer before being released on bail ahead of appearing at Basildon Magistrates Court on January 9.
Tomkins has made 12 Premier League appearances this season and although Allardyce was disappointed with his player's behaviour, he suggested the 24-year-old would not be reprimanded by the club.
"From a legal point of view it's difficult for me to comment," Allardyce said ahead of Thursday's clash with Arsenal.
"The only thing I can say is that I don't think James should have been there irrespective of whether he got into trouble or not.
"It's probably the highest profile public house in this country and I think it would have been better if he'd have stayed away.
"From a club point of view there's nothing broken in terms of rules because it was five or six days ahead of the next game. I can't comment any further than that."
