The defender was arrested and charged with assaulting a policeman after an incident at Brentwood's Sugar Hut - a venue that has found fame via ITV reality show The Only Way Is Essex, otherwise known as TOWIE.
Though insistent Tomkins would continue to play for The Hammers and would be considered for Thursday's home fixture with Arsenal, Allardyce was unhappy about the fact he was out so late at night.
"Because of the legal side of it, it is difficult for me to comment," Allardyce said.
"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 is the biggest profile public house in this country probably and he would have been better if he had stayed away.
"From a club's point of view, there is nothing he has broken in terms of rules. It is five or six days till the next game so what will happen from a legal point of view, we will have to wait and see."