Proprietor of place of public entertainment liable for infringement

The copyright in a protected work is infringed by any person who, not being the owner of the copyright and without the licence of the owner thereof, permits a place of public entertainment to be used for a performance in public of the work where the performance constitutes an infringement of the copyright in the work; but this section shall not apply in a case where the person permitting the place to be used gave the permission gratuitously or for a consideration which was only nominal.