Captain America’s in Ferntree Gully fined $40,000 for breaching Food Act

UPDATE: THE director of a popular burger restaurant in Melbourne’s east fined $40,000 for filthy food conditions has defended his restaurant.

The owners of Captain America's in Ferntree Gully have been fined $40,000 for breaches of the Food Act. Picture: Lawrence Pinder

THE director of Captain America’s Hamburger Heaven in has defended his Ferntree Gully restaurant following a 2015 court finding of breaches of the Food Act.

Paul Dickie told Leader he had spent a lot of money on the restaurant and it had passed its past two health inspections, including one a few weeks ago.

He claimed the council only came to inspect during busy periods.

“There has been no incidences of anyone getting sick,” Mr Dickie said.

“There is no way I’d compromise the health of patrons.

“I haven’t done anything wrong.”

He said he pleaded guilty to the offences because it would have cost him money to go through court and he didn’t want to sit through the process.

Mr Dickie opened a second restaurant at Forest Hill Chase shopping centre earlier this year.

However there is no suggestion that the Forest Hill restaurant has ever breached food safety regulations.

The Ferntree Gully restaurant is now on the State Government’s convictions register website after Mr Dickie was found guilty in the Ringwood Magistrates’ Court on November 9 last year and fined $40,000 for Food Act breaches.

The breaches occurred in October 2014 but the result has only recently been posted on the register.

Mr Dickie was also ordered to pay $225 court costs.

Knox Council took action and offences for failing to comply with the Food Standards Code on October 28, 2014, included:

■ failing to store food to protect against contamination;

■ failing to take all necessary steps to prevent contamination during processing;

■ failing to have floors, walls and ceilings that could be effectively cleaned;

■ failing to ensure fixtures, fittings and equipment were fit for use;

■ failing to maintain the restaurant, and fittings, fixtures and equipment, to a standard of cleanliness “where there is there no accumulation of food waste, dirt, grease, or other visible matter”; and

■ failing to maintain the restaurant, and fixtures, fitting and equipment, “in a good state of repair and working order”.

The finding said Mr Dickie also failed to comply with orders made on November 11, 2014; and December 17, 2014.

P & K Dickie Enterprises Pty Ltd, listed as the business proprietor, was also found guilty with conviction and discharged, and ordered to pay $224 costs.

According to its website, Captain America’s first opened in Forest Rd, Ferntree Gully, in 1988.

It is home to a famous burger challenge where diners are invited to eat a 1kg burger as quick as they can.

Knox Council has been contacted for comment.